The following regulations shall apply to all accessory uses and buildings incidental to any permitted or conditional use. Pursuant to Section 18-1502.1, "Interpretation of Words," the term "building" includes the term "structure" unless otherwise specified.

(A)

ZONING OF ACCESSORY BUILDINGS. In the event that a development project crosses zoning district boundaries, no accessory use shall be located within a different zoning district than the principal use to which it is accessory, unless said other zoning district also permits the same principal use.

(B)

TIMING OF CONSTRUCTION AND OCCUPANCY.

1.

No accessory building shall be constructed upon a lot until construction of the principal building has commenced.

2.

No accessory building shall be occupied until the principal building is legally occupied.

3.

No accessory use shall be established until the principal use is legally established and operating.

4.

If the principal use is terminated, all uses accessory to that use shall be terminated.

5.

If the principal building is destroyed or damaged to the point that it may not be used, the owner may apply for a temporary use permit to allow continued use of accessory structures while the principal structure is repaired, but in no case shall the permit be granted for more than two (2) years.

(C)

LOCATION OF ACCESSORY USES AND BUILDINGS. Accessory uses, to include accessory buildings for the purpose of this subparagraph, shall be located on the same lot as the principal use and/or building to which it is accessory. If an accessory use is located upon a different lot of record than the principal use, the Zoning Director may require recordation of a Unity of Title covenant if the Director determines that such a covenant is necessary to prevent the sale, lease, rental, or use of the accessory use independent from the principal use.

(D)

ATTACHED ACCESSORY BUILDINGS. When an accessory building or roofed structure is attached to the principal building by a breezeway, passageway or similar means, it shall comply with the setback requirements of the principal building to which it is attached.

(E)

LIMITATION ON USE. Nonresidential accessory buildings shall be used by only the employees, patrons, owners, lessees, or tenants of the premises.

(F)

ACCESSORY BUILDINGS NOT TO BE RENTED OR INHABITED. Residential accessory buildings such as garages, greenhouses, guest houses, and workshops shall not be rented. No such building shall be inhabited, except as provided for guest houses in Section 18-1502.2.

(G)

ACCESSORY TENTS, AWNINGS, AND CABANAS. Accessory tents, awnings, and cabanas, including all canvas and similar coverings, painted surfaces, and their support or anchoring systems, must be well maintained in good repair consistent with the manufacturer's product design specifications at all times.

(H)

Accessory structures shall be clearly subordinate to the principal structure on a lot.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)103., 3-14-2019)

(A)

Accessory buildings shall not be permitted within any required front, secondary front, side or rear setback area, other than as provided below. Utility/storage sheds shall not be permitted within front yards in any circumstance.

(B)

No accessory building shall be located in a front yard or secondary front yard except that in a F or RE district, when the principal structure is set back at least fifty (50) feet from the front street line, a detached garage may be constructed in the front yard under the following conditions:

1.

The detached garage does not encroach into any required yard or easement;

2.

The garage doors face perpendicular to any abutting streets; and

3.

The garage is constructed of the same materials and is designed to appear to be part of the principal structure.

(C)

Within the "F", "RE", "RR", "R-1", "R-2", "R-3", "R-4", "R-5", "R-6", "T-1", and "T-2" Districts, utility/storage sheds shall be permitted within the required side or rear yard providing that the following regulations are adhered to:

1.

Utility/storage sheds shall be no larger than two hundred (200) square feet in floor area, and shall be no more than ten (10) feet in height. No utility/storage shed shall be located within eighteen (18) inches of a property line. If located within five (5) feet of a property line the shed's roof shall be designed and oriented to channel water away from the closest property line.

2.

Utility storage sheds that are greater than two hundred (200) square feet shall comply with minimum setback requirements for principal structures.

3.

No more than two (2) utility/storage sheds shall be permitted on any lot in a residential zoning district, except those lots designated "F", "RE", and "RR", which may have multiple sheds. The total area of all sheds on lots zoned "F", "RE", or "RR" cannot exceed five (5) percent of maximum allowable lot coverage per Subsection 18-203.D.1.

4.

For the purposes of this Section, two (2) utility/storage sheds shall be considered one (1) utility/storage shed if the two (2) utility/storage sheds are placed abutting each other and the combined dimensions do not exceed the dimensions set forth in Subsection 1 above.

5.

The utility/storage shed(s) shall not be located upon any easement, unless the applicant can establish, to the satisfaction of the City Engineer and all potentially impacted, public and private utility agencies, that the placement thereof within such easement will not interfere with the utilization and maintenance of the easement.

6.

Reserved.

7.

Wherever an eligible utility/storage shed is placed upon a concrete or other type slab of impervious material within a required side or rear yard, a setback of five (5) feet is required. The required five (5) feet setback shall be measured from the edge of the slab nearest the property line.

(D)

Within the "ROR", "GO", "B-1" and "MXD" Zoning Districts, utility/storage sheds are permitted subject to the same regulations outlined in Section (B) above, provided the principal use of the property is residential in nature. Should the use be nonresidential in nature, then required zoning district setbacks shall be maintained.

(E)

In addition, the utility/storage shed shall maintain a separation distance of ten (10) feet away from the principal dwelling. A relaxation of the separation requirement may be applied upon written authorization of the Fire Department attesting to its compliance with Fire Code and a finding that the desired separation distance is a minimum safe distance given the types of material or substances that will be stored therein.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 3901, § 1, 9-11-2014; Ord. No. 4079, § 1(Att. A)104., 3-14-2019; Ord. No. 4171, § 1, 11-10-2022)

Accessory uses in multifamily developments may include, but shall not be limited to, private laundry facilities, clubhouse, and other recreational facilities for the convenience of the residents.

(Ord. No. 3748, § 3, 10-28-2010)

Accessory swimming pools shall be subject to the setback regulations stated herein. The following regulations shall apply to in-ground and above-ground swimming pools and spas, which are hereinafter referred to as "pools", unless otherwise identified.

(A)

SETBACKS. Also reference Section 18-1503.9, "Permitted Obstructions in Required Yards."

1.

On an interior lot, pools are permitted in any rear or side yard, provided that in no case shall the water's edge be located closer than:

(a)

Eight (8) feet from the rear property line.

(b)

Five (5) feet from the side property line.

2.

On a corner or multiple frontage lot, a pool must maintain required zoning district setbacks from any abutting street right-of-way.

3.

Pools shall be allowed in any front yard provided that the minimum front yard setback for a structure is maintained.

4.

An in-ground pool shall maintain a five (5) feet setback between any building and the water's edge of the pool, or "foot for foot" if over five (5) feet deep. As an alternative to meeting the minimum setback requirement between the in-ground pool and any building, engineered plans, sealed by a registered engineer of the State of Florida, may be submitted to the City, said plans to contain a certificate that the proposed lesser setback will not structurally affect the abutting building, pool or deck, and will not create a safety issue for the occupants due to the proximity of the pool to ingress/egress openings on the abutting structure.

An above-ground pool is not required to maintain a minimum setback between the water's edge and a structure.

5.

Pool decks, at ground level or less than six (6) inches above finished grade as measured at the structure adjacent to the location of the deck, shall maintain a minimum setback of five (5) feet from all property lines. Decks that exceed the six (6) inch height limitation must meet required zoning district setbacks for structures, except as provided in Section 18-1503.9, "Permitted Obstructions in Required Yards."

6.

Pool equipment, including but not limited to the pool pump and filter, shall maintain required zoning district setbacks except as provided in Section 18-1503.9, "Permitted Obstructions in Required Yards."

7.

Screened enclosures/cages for pools are permitted to be located within five (5) feet of the rear and side property lines. On a corner or multiple fronted lot, screened enclosures shall maintain the required zoning district setbacks for the front yard and secondary front yard.

(See Section 18-1530.5 regarding location of easements.)

8.

Setbacks/clearances from electrical conductor lines shall meet the applicable requirements of the National Electrical Code.

(B)

REQUIRED FENCING.

1.

Every pool shall be enclosed completely by a barrier meeting the requirements of Section 424.24 of the Florida Building Code, as may be amended from time to time, which may include fences, walls and screen enclosures/cages constructed or installed so as to obstruct access thereto by persons other than the owners or occupants of the premises on which said swimming pool is located. A barrier shall not be required along any portion of a yard perimeter that is coterminous with a body of water in those instances where the water body acts as a barrier.

2.

The fence, screened enclosure/cage, or other structure obstructing access shall not be less than six (6) feet in height from finished grade, and all gates opening through such fence, screened enclosure/cage or other structure shall be securely closed and latched at all times.

3.

Above-Ground Pool Fence Kits: The fence shall be a minimum of six (6) feet from finished grade of the surrounding yard, and shall contain either a gate that can be secured or a swing up safety ladder that completely obstructs the entrance to the pool.

4.

Building permits for pools that require either fencing or screened enclosure/cage shall be issued simultaneously. As an alternative, a notarized letter shall be submitted to the Building Development Division certifying that the proposed pool area is completely enclosed by a fence or other enclosure meeting the requirements of this subsection.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

No pool, screened enclosure/cage, pool deck or pool equipment may be located within any public or private easement.

(B)

See also Section 14-501, "Minor Encroachments," of the Code of Ordinances.

(C)

UTILITY EASEMENTS.

1.

Fences, walls and hedges are not permitted in utility or drainage easements except by conditional approval from the Public Works Department that the fence, wall or hedge will not affect existing or proposed utilities.

2.

Any damage to City-owned utilities caused by the installation of a fence, wall or landscaping by a property owner or their agent shall be repaired by the City at the expense of the property owner.

3.

Any fence, wall or hedge placed within a utility or drainage easement is subject to removal at the property owner's expense should such removal be required in order for a utility to install, repair or maintain facilities within the easement. A utility shall not be responsible for repairing incidental damage to a fence, wall or hedge located in a utility or drainage easement resulting from the above-listed activities.

(Ord. No. 3748, § 3, 10-28-2010)

Garage sales, including but not limited to patio sales, porch sales, yard sales, carport sales, flea markets and rummage sales, may be conducted in residential areas of the City, subject to meeting the following conditions:

1.

All such sales shall be limited in time to daylight hours.

2.

Sales lasting more than one (1) day shall be held only on consecutive days, each sale not to exceed three (3) consecutive days. Goods shall not be on public display except during the hours of the sale.

3.

Garage sales may be conducted no more than two (2) times during any six-month period per address.

4.

Two (2) temporary signs, not more than four (4) square feet, shall be permitted indicating where the sale is to be conducted. No sign shall be exhibited except during the authorized hours of the sale. No signs shall be affixed to utility poles, trees or posts within the City rights-of-way or be placed on public property in violation of Article 6 of the Land Development Code, "Signs."

(Ord. No. 3748, § 3, 10-28-2010)

(A)

GENERAL REGULATIONS. The following regulations shall apply to the placement of dish-type antennas within all zoning districts. Dish-type antennas ("dish") are designed to receive or transmit signals to and from satellites, or to receive or transmit fixed wireless signals other than via satellite. A fixed wireless signal is any commercial non-broadcast communication signal transmitted via wireless technology to and/or from a fixed customer location, such as to provide fixed-location telephone service or high-speed internet access.

A building permit and all other necessary permits shall be required prior to construction and/or installation for all satellite antennas with a diameter greater than thirty-nine and thirty-seven hundredths (39.37) inches for residential, multifamily, mixed use and public/semipublic zoning districts, or a diameter greater than seventy-eight and seventy-four hundredths (78.74) inches for commercial or industrial zoning districts.

1.

Dish antennas shall meet all required zoning district setbacks. Rotatable antennas must meet the setback requirements from all lot lines regardless of the antenna direction.

2.

The dish antenna shall be installed and maintained in compliance with the applicable requirements of the Florida Building Code, National Electrical Code and the manufacturer's specifications.

3.

A pole-mounted dish antenna may only be mounted on a single pole. The pole portion of the dish antenna assembly must be fixed to the principal building on the lot.

4.

The maximum installed height of dish antennas shall be as follows:

(a)

Ground-mounted dish antennas shall not exceed fifteen (15) feet in height, including base, pedestal, or other mounting device.

(b)

Roof-mounted dish antennas shall not exceed twelve (12) feet in height above the main ridge of the roof in residential, public/semipublic and mixed use zoning districts or fifteen (15) feet in height above the main ridge of the roof in commercial and industrial zoning districts, including base, pedestal, or other mounting devices; provided, however, that the combined height of the dish antenna assembly on which the same is located shall not exceed twelve (12) feet above the maximum building height of the zoning district in which it is located. In considering the location of the roof-mounted antenna, the antenna shall, where practical, be hidden from view.

(c)

Pole-mounted dish antennas shall not exceed the maximum building height of the zoning district in which it is located; provided, however, that no satellite antenna shall exceed twelve (12) feet in height above the main ridge of the roof, whichever is lower.

5.

No signage of any type is permitted on a dish antenna.

6.

All dish antennas shall be supported from a fixed location (non-portable).

(B)

RESIDENTIAL, PUBLIC/SEMI-PUBLIC AND MIXED USE ZONING DISTRICT REGULATIONS.

1.

The following regulations shall apply to the placement of satellite antennas within the "F", "RE", "RR", "R-1", "R-2", "R-3", "R-4", "R-5", "R-6", "T-1", "T-2", "ROR", "P", "MXD", and "TC" zoning districts, and within the "GO" and "B-1" zoning districts when developed with residential uses:

(a)

Ground-mounted and pole-mounted dish antennas shall be located as follows:

(1)

Interior Lots: A dish antenna shall only be allowed within the buildable area of the rear and side yards and shall meet zoning district setbacks.

(2)

Corner Lots: A dish antenna shall only be allowed within the buildable area of the secondary front yard and side yards and shall meet zoning district setbacks.

(3)

Double Frontage/Multiple Frontage Lots: A dish antenna shall only be allowed within the buildable area of the secondary front yard, side yards, and what would serve as a rear yard in keeping with the prevailing yard pattern of surrounding development, and shall meet zoning district setbacks.

(b)

No ground-mounted, pole-mounted, or roof-mounted dish antenna shall exceed twelve (12) feet in diameter.

(C)

COMMERCIAL ZONING DISTRICT REGULATIONS. The following regulations shall apply to the placement of dish antennas within the "GO", "CN", "B-1" and "CH" zoning districts, when developed with nonresidential uses:

1.

Ground-mounted and pole-mounted dish antennas shall be located as follows:

(a)

Interior Lots: A dish antenna shall only be allowed within the buildable area of the rear and side yards and shall meet zoning district setbacks.

(b)

Corner Lots: A dish antenna shall only be allowed within the buildable area of the secondary front yard and side yards and shall meet zoning district setbacks.

(c)

Double Frontage/Multiple Frontage Lots: A dish antenna shall only be allowed within the buildable area of the secondary front yard, side yards, and what would serve as a rear yard in keeping with the prevailing yard pattern of surrounding development, and shall meet zoning district setbacks.

2.

No dish antenna shall exceed twelve (12) feet in diameter.

3.

The restrictions above shall not apply to a properly licensed and permitted telecommunications business.

(D)

INDUSTRIAL ZONING DISTRICT REGULATIONS. Within the "M-1" and "IH" zoning districts, satellite antennas are permitted anywhere on a lot within the buildable area for a principal structure.

(E)

EXCEPTIONS. In the event that all of the location or height restrictions in this Section prevent the user of a dish antenna from obtaining proper reception, the City Manager or his designee shall approve the minimum deviation from such restrictions that is determined necessary to allow line-of-sight contact with the satellite or transmitter for reasonable reception, and which does not impose an unreasonable expense or delay, provided that the antenna will be placed upon premises under the control or exclusive use of the user. No fee is required for such determination and approval.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

PURPOSE AND INTENT. The regulations and requirements of this Section are intended to:

1.

Promote the health, safety and general welfare of the citizens by regulating the location of communications towers within the City.

2.

Provide for the appropriate location and development of communications towers within the City;

3.

Minimize adverse visual effects of communications towers through careful design, siting, landscaping screening, flush mounted antennas mounted within six (6) horizontal inches of the tower, and innovative camouflaging techniques

4.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and

5.

Protect residential areas and land uses from potential adverse impacts of communication towers by maximizing use of any new or existing communications towers or structures through shared use or co-location, i.e., combining to reduce the number of towers needed.

(B)

NEW COMMUNICATION TOWER. Applicants proposing to locate a new communication tower shall comply with the following:

1.

All applicants for new towers shall investigate the possibility of co-locating or sharing use of available space on existing towers or structures prior to requesting conditional use approval for a new tower. The availability of co-location facilities or shared space, as demonstrated by the applicant, will be considered by the City in the evaluation of any application. The applicant is to provide, at minimum, the following information to demonstrate if an existing structure or tower can accommodate the applicant's proposed antenna:

(a)

Whether there are existing towers or structures located within the geographic area required to meet the applicant's coverage requirements.

(b)

Whether there are existing towers or structures that have sufficient height to meet the applicant's engineering requirements.

(c)

Whether there are existing towers or structures that have sufficient structural strength to support the applicant's proposed antenna and related equipment.

(d)

Whether the applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on any existing tower or structure.

(e)

Whether the fees, costs or contractual provisions required by the owner(s) of the existing tower or structure would prohibit the applicant from co-locating or sharing the aforementioned existing tower or structure.

(f)

Whether there are other limiting factors that render existing towers and structures incapable of meeting the applicant's engineering requirements.

2.

Prior to the request for City approval, all applicants for new towers shall notify, by registered mail, return receipt requested, all other cellular and personal communication services providers doing business in Pinellas County, Florida, of the proposed tower and solicit firms for shared use/co-location. The notice shall advise the other cellular and personal communication services that they have thirty (30) days to respond.

3.

Prior to obtaining conditional approval for any new communication tower, the owner/operator of the proposed tower shall enter into an agreement with the City requiring that the owner/operator of the proposed tower will honor all reasonably and technically feasible requests for shared use/co-location of the tower.

(C)

EXISTING COMMUNICATION TOWER. Owner(s)/operator(s) of existing towers shall comply with the following:

1.

Whenever the use of a communication tower has been discontinued for a period of twelve (12) consecutive months, such use shall be void as a Conditional Use. In the event that public and/or private utilities serving the facility have been discontinued for a period of twelve (12) consecutive months, and/or no business license for the use has been issued during the past twelve (12) consecutive months, then the use of the tower shall be deemed to have been discontinued during such period. Such tower shall be dismantled and removed within sixty (60) days from the date of notice of abandonment or discontinuance issued by the City Manager.

Determination of the date of abandonment/discontinuance shall be made by the City Manager who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the active use of the tower.

2.

An existing communication tower may be increased in height through an administrative Conditional Use approval, provided that:

(a)

The communication tower increase in height does not exceed the existing tower height by twenty (20) feet for each additional user with a maximum height not to exceed one hundred sixty (160) feet;

(b)

Conditional Use regulations for communication towers are complied with.

(c)

If requested at any time, the owner/operator shall inform the City of the extent of the tower's use and identify all users of the tower.

(D)

REPLACEMENT TOWER. An existing communication tower may be replaced with another communication tower under the following circumstances:

1.

The replacement tower is located on the same lot as the tower that is being replaced;

2.

The old tower and support facilities are to be removed within ninety (90) days of the completion of the replacement tower and the installation of the support facilities;

3.

The communication tower's increase in height does not exceed the existing tower height; provided, however, that the tower height may be increased by twenty (20) feet for each actual additional user; increments of twenty (20) feet in height will be allowed for each actual user, not to exceed a maximum tower height of one hundred sixty (160) feet;

4.

Conditional Use regulations for communication towers are complied with, except that administrative only review is required.

5.

The replacement tower must be of the same type, e.g. monopole to monopole, guyed to guyed, and lattice to lattice.

(E)

MINIMUM STANDARDS FOR COMMUNICATION TOWERS. All communication towers must meet the following minimum standards:

1.

Under no circumstances shall the height of a communication tower exceed one hundred sixty (160) feet.

2.

Communication towers designed and used for single users shall not exceed one hundred twenty (120) feet in height. Towers designated for multiple users may add twenty (20) feet for each additional user; provided, however, that additional height may not be added until the additional user actually commences use thereof, and provided further, however, the height does not exceed one hundred sixty (160) feet.

3.

If there is a reduction of users on the tower, the height of the tower shall be reduced in height by twenty (20) feet for each disconnected user within sixty (60) days of discontinuance.

4.

Monopole towers shall be set back from all property lines a minimum of twenty (20) feet or the distance from the designed collapse point to the top of the tower, whichever is greater. Guyed and lattice towers shall be set back from all property lines a minimum distance equal to fifty (50) percent of the tower height or the distance from the designed collapse point to the top of tower, whichever is greater.

5.

All tower supports and peripheral anchors shall be located entirely within the boundaries of the property and in no case less than five (5) feet from the property lines.

6.

All accessory buildings and structures utilized in conjunction with the tower shall conform to the setback requirements for the zoning district in which the use is located.

7.

A chain-link fence or wall not less than eight (8) feet in height from finished grade shall be provided around each tower. Access to the tower(s) shall be through a locked gate.

8.

If high voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold letters the following: "HIGH VOLTAGE-DANGER."

9.

No equipment, whether mobile or immobile, not used in direct support of the tower, antennas or equipment building shall be stored or parked on the site unless being used on the site in connection with repairs to the facility.

10.

All towers shall be erected in accordance with all applicable governmental rules and regulations. The owner shall provide the City with a sworn statement verifying that all such rules and regulations have been complied with.

11.

Towers and support structures shall be neutral (nonglare and nonreflective) color or finished so as to minimize visual obtrusiveness, subject to any applicable standards of the FAA.

12.

Towers and support structures shall not be used for advertising purposes and shall not contain any signage.

13.

All applications shall include a description of the geographic service area of each antenna to be placed on the tower.

(F)

MINIMUM OBJECTIVE DESIGN STANDARDS FOR AT-GRADE FACILITIES, BELOW-GRADE FACILITIES, WIRELINE FACILITIES AND UTILITY POLES.

(1)

Intent and purpose. At-grade Facilities, Below-grade Facilities, Wireline Facilities and Utility Poles shall be designed in such a manner to ensure such Facilities and Utility Poles are placed in a safe location that does not interfere with the traveling public and shall be designed to maximize compatibility with the surrounding neighborhood and to minimize any negative visual impact on the surrounding neighborhood. As used in this Section, the term Facility shall be used to collectively refer to At-grade Facilities, Below-grade Facilities and Wireline Facilities. The following design standards shall apply, unless waived by the City Manager or his/her designee.

(2)

Stealth Design. Utility Poles shall be made of substantially the same material, color and design as other Utility Poles within the same Public Rights-of-way, however, a Utility Pole made of steel, concrete or fiberglass and of a neutral color, shall not require a waiver regardless of the material and color of other Utility Poles within the same Public Rights-of-way. A repurposed structure shall be of substantially similar design, material and color of the existing structure being replaced by the repurposed structure. The repurposed structure shall be located in approximately the same location as the existing structure. The repurposed structure shall continue to serve its primary function. If the City has a planned future project to replace Utility Poles in the subject Public Rights-of-way, the Repurposed Structure shall conform to the City's updated design, material and color.

(3)

Concealment. A proposed Facility and Utility Pole shall utilize the following concealment requirements unless waived.

(a)

No Signage. Registrants shall not place or maintain Signage on any Facility within the Public Rights-of-way unless otherwise required by State or Federal laws or regulations.

(b)

Lighting. A Facility shall not have any type of lighted signal, lights or illuminations unless required by applicable State or Federal laws or regulations or as permitted by the City.

(c)

At-grade Facilities shall be located in areas with existing foliage or other aesthetic features to obscure the view of the At-grade Facilities or shall be designed to appear similar to other at-grade facilities in the same Public Rights-of-way. Any additional plantings proposed pursuant to this Subsection shall be approved by the City.

(4)

Maximum height restrictions. A Utility Pole intended to support the Collocation of Small Wireless Facilities is limited to the tallest existing Utility Pole as of July 27, 2017, located in the same City Public Rights-of-way, other than a Utility Pole for which a waiver has previously been granted, measured from grade in place within five hundred (500) feet of the proposed location of the Utility Pole intended to support the Collocation of Small Wireless Facilities. If there is no Utility Pole within five hundred (500) feet, the Utility Pole intended to support the Collocation of Small Wireless Facilities shall be limited to fifty (50) feet. The Small Wireless Facility, including any attached Antennas, shall not exceed ten (10) feet above the Utility Pole intended to support the Collocation of Small Wireless Facilities.

(5)

Location context. A proposed Utility Pole shall utilize the following location context requirements:

(a)

Installation at outermost boundary of Public Rights-of-way. At-grade Facilities and Utility Poles shall be placed at the farthest distance practicable from the edge of pavement unless there is a designated corridor within the Public Rights-of-way.

(b)

Equidistant requirement. Utility Poles are strongly encouraged to be placed equidistant between existing Utility Poles, if any, within the Public Rights-of-way.

(c)

Common property line. For Placement within Residential Blocks, Utility Poles are strongly encouraged to be placed at the common property line of the parcels that abut the Public Rights-of-way.

(d)

Prohibition against placement that significantly impairs view from principal structures within Residential Blocks. At-grade Facilities and Utility Poles, shall be Placed such that views from principal structures within Residential Blocks are not significantly impaired.

(e)

Prohibition against Placement in location where facilities are placed underground. At-grade Facilities, aerial Wireline Facilities, and Utility Poles in the Public Rights-of-way shall comply with undergrounding requirements of the City that prohibit above ground structures in the Public Rights-of-way.

(6)

A proposed utility pole as the term is defined in subsection 14-203(24) must simultaneously apply for and obtain a conditional use permit in accordance with the procedures of Section 18-1530, City Code, and does not qualify under subsection 18-1531(10(A)(86).

(G)

MINIMUM OBJECTIVE DESIGN STANDARDS FOR SMALL WIRELESS FACILITIES.

(1)

Purpose and intent. Small Wireless Facilities shall be designed in such a manner that the Small Wireless Facilities are placed in a safe location that do not interfere with the traveling public, and shall be designed to maximize compatibility with the surrounding neighborhood and to minimize any negative visual impact on the surrounding neighborhood. The following objective design standards regulating the location context, color, stealth design, and concealment of the proposed Small Wireless Facility shall apply, unless waived.

(2)

Stealth design. All proposed Small Wireless Facilities shall meet one (1) of the following Stealth Design standards, unless waived.

(a)

Preferred stealth design option 1: No exposed wires or cables; the use of Shrouds; and the use of a slim design wherein the top mounted Antenna does not exceed the diameter of the supporting Utility Pole at the level of the Antenna attachment and side mounted enclosures, if any, do not extend more than thirty (30) inches beyond the exterior dimensions of the existing structure, repurposed structure or Utility Pole at the level of Antenna attachment measured from the edge of the pole to the outermost surface of the Antenna.

(b)

Preferred stealth design option 2: No exposed wires or cables; the use of Shrouds; and the use of a street light fixture to camouflage the Small Wireless Facility. Any street light fixture shall be maintained in good working order by the Applicant or pole owner unless the City accepts maintenance responsibility in writing. If the City accepts the maintenance responsibility of a street light fixture on an Authority Utility Pole, the ownership of the street light fixture shall transfer to the City.

(c)

Preferred stealth design option 3: No exposed wires or cables; the use of Shrouds; and the use of Wraps.

(3)

Concealment. A proposed Small Wireless Facility shall utilize the following concealment requirements unless waived.

(a)

Applicants shall not place or maintain Signage on Communications Facilities in Public Rights-of-way, unless otherwise required by applicable State or federal laws or regulations, provided however, that existing structures that lawfully supported signage before being repurposed may continue to support signage as otherwise permitted by law.

(b)

A Small Wireless Facility shall not have any type of lighted signal, lights, or illuminations unless required by applicable State or federal laws or regulations or as permitted by the City.

(c)

Ground-mounted equipment for Small Wireless Facilities shall be located within a ten (10) foot radius of the supporting structure for the Small Wireless Facility and, if possible, in areas with existing foliage or other aesthetic features to obscure the view of the ground-mounted equipment. The ground-mounted equipment shall be designed to appear similar to other at-grade facilities in the same Public Rights-of-way and may be further concealed with additional plantings. Any additional plantings proposed pursuant to this subsection shall be approved by the City.

(4)

Maximum height restrictions. A Small Wireless Facility, including any attached Antennas, shall not exceed ten (10) feet above the Existing Structure, Repurposed Structure or Utility Pole upon which the Small Wireless Facility is to be Collocated.

(5)

Location context. A proposed Small Wireless Facility shall utilize the following location context requirements, unless waived.

(a)

Prohibition against Placement within a location subject to Homeowners' Association restrictions. Small Wireless Facilities shall not be Collocated in a location subject to covenants, restrictions, articles of incorporation, or bylaws of a Homeowners' Association unless specifically authorized by the Homeowners' Association. This subsection shall not limit the installation, Placement, Maintenance, or replacement of Micro Wireless Facilities on any existing and duly authorized aerial Wireline Facility.

(b)

Prohibition against Placement in location where facilities are placed underground. Small Wireless Facilities and Utility Poles intended to support the Collocation of a Small Wireless Facility in the Public Rights-of-way shall comply with nondiscriminatory undergrounding requirements of the City that prohibit aboveground structures in the Public Rights-of-way. Any such requirements may be waived by the City. This Section does not apply to the installation, Placement, Maintenance, or replacement of Micro Wireless Facilities on any existing and duly authorized aerial Communications Facilities, provided that once aerial facilities are converted to underground facilities, any such Collocation or construction shall be only as provided by the City's Code of Ordinances.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4050, § 2, 1-25-2018)

(A)

GENERAL REGULATIONS.

1.

Except as otherwise provided in this Section, antennas, as defined in Section 18-1502.2, shall not be permitted within the front yard of the following zoning districts: "F", "RE", "RR", "R-1", "R-2", "R-3", "R-4", "R-5", "R-6", "T-1", "T-2", "ROR", "CN", "GO", "B-1", "PUD", "MXD", and "TC."

2.

Permits shall be required prior to construction and/or installation for antennas and assemblies which exceed twelve (12) feet above the main ridge of the roof or antennas and assemblies requiring conditional use approval for exceeding the by-right height limitation of the zoning district.

3.

Antennas shall meet all required zoning district setbacks.

4.

The antenna shall be installed and maintained in compliance with the applicable requirements of the Building Code, National Electrical Code, the manufacturer's specifications and FCC where applicable.

5.

No advertising shall be affixed to any part of the antenna or supporting structure.

(B)

EXCEPTIONS. In the event that all of the location or height restrictions in this Section would prevent the user of an antenna from obtaining reasonable local television broadcast reception, the Zoning Director shall approve the minimum deviation from such restrictions that the Zoning Director determines is necessary to allow for reasonable reception, and which does not impose an unreasonable expense or delay, provided that the antenna will be placed upon premises under the control or exclusive use of the user. No fee is required for such determination and approval.

(C)

CITIZEN BAND AND AMATEUR RADIOS. Poles, master towers and antennas used in the operation of citizen band and amateur radios licensed by the Federal Communication Commission shall be governed by the following additional requirements:

1.

The maximum height for a citizen band or amateur radio antenna is seventy-five (75) feet.

2.

Antennas shall meet all manufacturer's specifications. The mast or tower shall be of non-combustible and non-corrosive hardware.

3.

No antenna towers are permitted in the front yards of the following zoning districts: "F", "RE", "RR", "R-1", "R-2", "R-3", "R-4", "T-1", "T-2", "R-5", "R-6", "ROR", "CN", "GO", "B-1", "MXD", "TC", and "PUD".

4.

Guy wires, support anchor structures and wire antennas may be located within the required setbacks in all Zoning Districts.

(D)

COMMERCIAL BROADCASTING AND RECEIVING STATIONS. Commercial broadcasting and receiving stations will be required to meet the minimum requirements of this Article as well as all Federal requirements.

(E)

WIRELESS COMMUNICATION ANTENNAS.

1.

Antennas which are integrated into buildings, signs, church steeples, bell towers, water towers, electric transmission tower structures, or other similar structures, may be located within any district where the supporting structure is an approved "Permitted" or "Conditional" Use, so long as the antenna does not exceed ten (10) feet in height above the supporting structure. However, if the antenna is centered on a flat roof which is equal to or exceeds thirty (30) feet in height, then the antenna, including the support, may be up to fifteen (15) feet above the roof.

2.

Wireless communication antennas located in any right-of-way or utility easement will be subject to all review and permit regulations as identified in Article 9 of the Land Development Code and Chapter 14 "Right-of-Way Utilization and Commercial Utilities".

3.

All antennas shall be painted or otherwise constructed to match the antenna support structure, or hidden from view where practical.

4.

Additions of wireless communication antennas to support structures not requiring any variances shall not require any Conditional Use approval.

5.

Antennas may be attached to existing light poles, power poles, telephone poles, and other like poles, as long as the antenna and assembly do not exceed ten (10) feet above the height of the pole and the pole is at the same height as other poles in the same vicinity providing the same function.

6.

If the supporting structure to which the antenna is affixed is removed for any reason by or at the direction of the City, the antenna owner shall remove and relocate the antenna at such owner's expense.

7.

A Business Tax Receipt is required for every person or entity which is renting space on a supporting structure within the City for one (1) or more wireless communication antennas.

8.

The installation of antennas and supporting equipment will require a permit from the City's Building Development Division.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)105., 3-14-2019)

(A)

GENERAL REGULATIONS.

1.

These regulations shall apply to all fences, walls and hedges, unless otherwise specified in Section 18-1531, "Conditional Use Regulations".

2.

Permit requirements for fences, walls, and hedges:

(a)

No permit is required for a fence or wall (with the exception of pool enclosures) when the primary use of the property is a single-family detached or duplex dwelling and the height requirements in Table 18-1530-1 are met.

(b)

Permits are required for all properties for swimming pool enclosures as described in Section 18-1530.4(B).

(c)

Permits are required for fences and walls constructed on any property other than those described in 18-1530.10(A)(2)(a) above.

3.

No fence, wall or hedge shall be permitted within any City, State or County right-of-way without issuance of a Minor Easement affidavit/agreement from the City and any other applicable jurisdiction (see Section 14-501, "Minor Encroachments," of the Code of Ordinances). Where fences, walls or hedges are permitted adjacent to a property line or adjacent to a street line in this Section, the permitted locations shall be on private property only. A fence, wall or hedge may be erected (or planted) upon a lot line or street line provided that no part of the fence, wall or hedge—including underground footers—projects onto abutting property or right-of-way.

4.

All new fences and walls shall comply with the requirements for visibility triangles as set forth in Section 18-1503.11.

5.

Dangerous Materials.

(a)

Walls, fences or similar structures shall not contain any substance such as broken glass, spikes, nails, razor wire, barbed wire, or similar materials designed to inflict pain or injury to any person or animal, except as provided in this Section.

(b)

Electrified fences are only permitted in the "F" Farm and "RE" Residential Estates Districts, and in the "M-1" Light Industrial and "IH" Heavy Industrial Districts.

6.

Utility Easements. See Section 18-1530.5.

(a)

Fences, walls and hedges are not permitted in utility easements except by conditional approval from the Public Works Department that the fence, wall or hedge will not interfere with existing or proposed utilities.

(b)

Any damage to City-owned utilities caused by the installation of a fence, wall or landscaping by a property owner or their agent shall be repaired by the City at the expense of the property owner.

(c)

Any fence, wall or hedge placed within a utility or drainage easement is subject to removal at the property owner's expense should such removal be required in order for a utility to install, repair or maintain facilities within the easement. A utility shall not be responsible for repairing incidental damage to a fence, wall or hedge located in a utility or drainage easement resulting from the above-listed activities.

7.

Height.

(a)

The City Manager may approve fences, walls or hedges up to three (3) feet higher than permitted herein in secondary front, side and rear yards only on lots where there are substantial grade differences between the structure and the common property line or elevation differences between the lot and the adjacent street in order to correct inequities caused by such grade differential. The City Manager shall base any such approval on the following criteria:

(1)

Whether the additional height is necessary or appropriate to afford privacy; and

(2)

Whether the additional height is necessary or appropriate aesthetically; and

(3)

Whether the additional height will be consistent with the character of the neighborhood and not adversely affect any abutting property.

(b)

The City Manager may approve fences, walls, or hedges that exceed the height requirements in Table 18-1530-1 only in secondary front, side, and rear yards when the primary use of the property is a single-family detached or duplex dwelling.

(c)

Fences facing public rights-of-way shall be placed with the smooth (finished) side facing the exterior of the lot. The side without the horizontal supports and or posts is considered the smooth (finished) side.

(d)

All fences and walls will be well maintained and in good repair at all times.

(e)

Chain link fences with any form of shielding inserts (plastic, wood, fiberglass or metal) are prohibited. A variance to allow such shielding inserts shall not be permitted under any circumstance.

(f)

Fence or wall posts/columns may exceed the maximum height permitted for a fence or wall by no more than one (1) foot, provided that said posts/columns are separated by a minimum of six (6) feet. (Exception: Fence sections abutting a gate or the structure).

8.

All fences with rear alleys, rights-of-way, or easements not being enclosed must have a gate installed to allow the property owner access for maintenance.

(B)

FENCES, WALLS AND HEDGES.

TABLE 18-1530-1 HEIGHT AND TYPE REQUIREMENTS BY ZONING DISTRICT.

1.

When abutting a residential, mixed use or public/semipublic district other than "F" and "RE", such fences or walls shall only be permitted on electric insulators located inside a fence or wall, at least four (4) feet in height and being a minimum of twelve (12) inches below the top of the fence or wall.

2.

Fences or walls in the "CH" District may be topped with barbed wire of not more than three (3) strands, provided the lower strand of wire is not less than six and one-half (6½) feet above grade. Further, such wire shall not overhang adjacent property or right-of-way.

3.

An electrified fence must be completely surrounded with a second, non-electrified fence or wall having as its minimum height at least six (6) feet at its lowest point. The surrounding, non-electrified fence or wall shall be separated from the electrified fence by at least six (6) inches at the closest point between the electrified and non-electrified fence or wall. Any electric fence must also comply with State Statute 553.793 or the most recently adopted Florida State Statute regulating electrified fencing.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4093, § 7, 11-26-2019; Ord. No. 4170, § 1, 11-10-2022; Ord. No. 2025-10, § 1, 3-27-2025)

TABLE 18-1530-2 OUTDOOR STORAGE REGULATIONS BY ZONING DISTRICT.

1. Where industrial lots are located on local streets and are not adjacent to any street functionally classified as a collector or arterial street and are completely surrounded by parcels zoned either M-1 or IH, opaque enclosures of authorized outdoor storage areas are not required. For this application the term "authorized" means that the outdoor storage area is illustrated or demarcated on an approved site plan.

(A)

GENERAL PROVISIONS.

1.

For purposes of this Section, outdoor storage shall mean the keeping of any item in any area other than in a completely enclosed structure for more than twenty-four (24) hours, unless the item is specifically intended, and customary, for outdoor placement. In a residential zoning district, such specifically intended and customary items include, but are not limited to, patio furniture, planters, landscape lights, barbeque grills, children's pools, sandboxes and swing sets, and air conditioning condensers and other accessory mechanical equipment. Examples of items that are not specifically intended for outdoor placement, nor customarily placed outside in a residential zoning district include, but are not limited to, household appliances, discarded or indoor furniture, household wares, building materials, lawn maintenance equipment, automobile parts, or junk. It is not the intent nor the purpose of this Section to prohibit outdoor storage of construction material when kept on site for a permitted, active construction project.

2.

Items other than landscaping and hardscaping items (planters, decorative cap rocks, etc.) that are customary for outdoor placement, and intended for same, shall be placed only in side and rear yards, and shall be screened from view from any public right-of-way by a solid fence or hedge. Landscaping and hardscaping items may be placed in any yard without the need for screening.

3.

The temporary outdoor storage in the front yard of material for garbage pick-up or material pick-up by a social service agency (e.g. Goodwill) shall be permitted provided such temporary outdoor storage shall not exceed twenty-four (24) hours.

4.

A waiver to the requirement for a solid wall may upon written request be considered by City Council, except where the property upon which the outdoor storage area is located abuts or functionally abuts residential, mixed use or public/semi-public zoned properties. In determining whether or not to grant a request to allow a solid fence, City Council shall consider the following criteria: use of abutting properties, right-of-way classifications, extent of existing solid fencing within the surrounding area, fence material proposed and length of proposed fence/wall.

5.

Items stored within authorized outdoor storage areas shall not exceed the height of the fence or wall and shall not be visible from abutting public rights-of-way or mixed use, public/semipublic or residentially zoned properties except in the "M-1", "IH" and "P" District when the future land use class of the "P" District is T/U (Transportation/Utility and as exempted in Table 1530-2).

6.

All doors or gates accessing authorized outdoor storage areas shall remain closed when not in use.

7.

Outdoor storage of Industrial By-Products or Similar Type Material. In order to prevent the contamination of the environment, maintain the visual aesthetics of the community, and enhance the health, safety, and welfare of the community at large, outdoor storage of any industrial by-products (as defined in Section 18-1502.2) or any similar type material shall be permitted only in an industrial zoning district and shall be subject to all performance standards of the Federal Environmental Protection Agency (EPA), the Florida Department of Environmental Protection (FDEP) and the Florida Department of Transportation (FDOT).

(Ord. No. 3748, § 3, 10-28-2010)

(A)

The home occupation is to be clearly incidental and secondary to the use of the dwelling for dwelling purposes and is not to change the residential nature thereof.

(B)

No more than twenty-five (25) percent of the floor area of the dwelling unit may be used for the home occupation.

(C)

No goods, wares, or merchandise shall be sold (wholesale or retail) on the premises. This does not preclude taking orders for sales by phone, mail or electronically, or the provision of sales or services off-site.

(D)

No customer contact shall take place on the premises, with the exception of those operating a "Day Care Center, Type I", which is exempted by Florida Statute.

(E)

All materials, equipment and merchandise must be stored inside the home or garage.

(F)

The home occupation shall be conducted entirely within the dwelling unit, which shall include an attached garage, and only members of the household permanently living in the dwelling unit can be employed in such occupation.

(G)

There shall be no group instruction, assembly, or activity permitted.

(H)

The breeding and selling of animals shall not be permitted.

(I)

No mechanical equipment shall be used for such occupation except that which is customary for purely household and hobby purposes. Permitted equipment shall include, but not be limited to, ceramic kiln, woodworking tools, commercial sewing machines, and lawn equipment.

(J)

Such occupation shall not create any unusual effects, including noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone, or television receivers off the premises, or causes fluctuations in line voltage.

(K)

There shall be no exterior evidence of the home occupation except as provided by Article 6, "Signs" of the Land Development Code.

(L)

No equipment or commercial vehicle shall be stored or parked on the premises except as provided for in Section 18-1530.15, called "Vehicle Restrictions", and provided it is used exclusively by a permanent resident of the premises. Only two (2) vehicles, identifiable by signage for the home occupation, shall be permitted to be stored or parked on the premises.

(M)

Delivery to the dwelling unit of supplies and materials used in the operation shall be limited to the U.S. Mail or other parcel delivery services customarily serving residential areas. A permanent resident of the premises may make deliveries to outside customers provided that the provisions of Section 18-1530.15, called "Vehicle Restrictions", are met.

(N)

Permission to establish an "address of convenience" for the purpose of receiving and sending of mail, maintaining records and phone communications, in a zoning district that permits a residential use, for a business not permitted in that zoning district, does not confer any rights to the holder of such a business tax receipt to conduct business either as a home occupation, or as a bona fide business at that residential address.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

PURPOSE. The sale or service of alcoholic beverages has the potential to generate activity which may impact other uses in an adverse manner. Such impacts may be mitigated in different ways, including but not limited to buffering or the provision of adequate separation distances. This section provides requirements for such mitigation.

(B)

APPLICABILITY. Bottle clubs, clubs and lodges, package sales, restaurants, retail, and taverns and lounges selling or serving alcoholic beverages shall meet the requirements of this section in addition to zoning district requirements. Requirements of this section do not apply to manufacturers, distributors, or importers of alcoholic beverages governed by any state licensing and permitting requirements. For the purposes of this section, "restaurant" means an eating and drinking establishment serving alcoholic beverages that is governed by either:

1.

A State series SRX alcoholic beverage license; or

2.

By another State consumption on-premises license, and which derives less than fifty (50) percent of its gross annual revenue from the sale of alcoholic beverages (including the 2COP license identified herein as a 2COP REST license).

(C)

GENERAL REGULATIONS.

1.

The following table lists the use separation requirements for various types of alcoholic beverage uses:

Table 18-1530.13: Regulations for Alcoholic Beverage License

2.

Except as provided in this subsection, certain alcoholic beverage uses (those having a 1COP, 2COP or 4COP license, or an APS license) shall not be located within five hundred (500) feet of a legally established protected land use. For the purposes of this section, the term "protected land use" means a place of worship, an educational institution, a public educational facility, or a day care center that is legally established prior to the establishment of the applicable alcoholic beverage use. A protected land use that locates within five hundred (500) feet of an already established alcoholic beverage use shall not render the alcoholic beverage use nonconforming.

This distance shall be measured in a straight line from the nearest portion of the licensed premises of the alcoholic beverage use to the nearest property line of the protected land use. For the purposes of such measurement, the nearest exterior wall of the licensed premises, or the nearest wall of the unit containing the alcoholic beverage use in a multi-tenant structure, or the nearest point on an outside area which is part of the licensed premises, if any, shall be used. This minimum distance requirement shall not apply when the alcoholic beverage use and the protected land use are located in the same multi-tenant center.

3.

The primary entrance for customers into any establishment serving alcoholic beverages for consumption on-premises shall be visible from a public street.

4.

The sale, dispensing or consumption of alcoholic beverages shall be subject to Code of Ordinances, Chapter 4, Alcoholic Beverages, as well as Land Development Code Sections 16-110, 16-112 and 18-1531.10.

5.

Nothing contained in this section shall be construed to allow any establishment, including any establishments holding a license prior to adoption of this chapter to change the type of license to include the sale of liquor or to change from a restaurant license to a non-restaurant license without meeting all ordinance requirements in effect at the time of the application for the change of license. However, changing the license to remove liquor sales or service shall be allowed at any time.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 3749, § 1, 10-28-2010; Ord. No. 3990, § 3, 9-8-2016; Ord. No. 4079, § 1(Att. A)106., 3-14-2019; Ord. No. 4106, §§ 12, 13, 3-12-2020)

(A)

PURPOSE. Administrative temporary use permits are intended to provide orderly and effective management of temporary land uses which may or may not be permitted in the zoning district where the proposed use is located. Such uses are found to be necessary and desirable for limited periods of time, while they might not be in keeping with the intent and purpose of this Article if allowed on a long-term basis. These provisions allow administrative review of these special types of land uses and offer a method of limiting them to their individual specifications. These provisions are designed to allow certain reasonable temporary uses while minimizing adverse impact upon the public health, safety and welfare.

(B)

ADMINISTRATION.

1.

Application and fee for a temporary use permit shall be made to the Zoning Division and shall contain the following information:

(a)

A detailed plot plan of the property to be used, rented or leased for the temporary use, including all information necessary to show existing conditions such as buildings, parking spaces, driveways, etc. and, showing the location of all proposed activities, any tents or other temporary structures or sales area, off-street parking areas and traffic circulation, temporary signage, and location of sanitary facilities. Such plan shall be reviewed by the Zoning and Building Development Divisions for compliance with all applicable Code requirements

(b)

A description of the proposed temporary use.

(c)

The proposed dates and hours of operation, including set-up and take-down.

(d)

A written statement of permission from the property owner to conduct such use during the time period and in the location requested.

(e)

All proposed use of loudspeakers and noisy equipment such as generators. Such noise sources shall be strategically placed and oriented to minimize off-site noise in adjacent residential zoning districts. Additional mitigation shall be identified if the noise levels will exceed the standards for acceptability set forth in Section 16-105, "Noise," of the Code of Ordinances. Sufficient information and assurances to determine the suitability of the proposed use, including all information required for the particular temporary use set forth below.

2.

Application for a temporary use permit for all uses should be filed at least fifteen (15) days prior to the beginning date for which the permit is requested, in order to allot sufficient time for City review and approval. Applicants not submitting a complete application at least fifteen (15) days in advance risk not receiving approval in time for the planned starting date, unless the event is periodic in nature, and the location, event character, plans, operating hours, and other conditions do not change from event to event. For such periodic events, the application shall be submitted no fewer than seven (7) working days prior to the starting date of the proposed event.

3.

The review criteria for temporary use applications are as follows:

(a)

Compliance with the requirements of this Section.

(b)

Compatibility with adjacent uses and existing permanent uses on the premises, including but not limited to, noise levels, access considerations, traffic volumes, and outdoor lighting.

(c)

Adequacy of directory signage.

(d)

Compliance with all requirements for licenses, including but not limited to, state licenses for alcoholic beverage sales and food preparation and sale.

4.

The City Manager is authorized to issue temporary use permits after finding that the above review criteria have been satisfactorily addressed.

5.

At the discretion of the City Manager, a temporary use permit may be submitted to City Council for review and approval, based on the nature of the use, proposed location, surrounding uses, hours or days proposed, or other appropriate factors.

6.

In issuing a temporary use permit, conditions of approval may be attached to such issuance, including, but not limited to, dates of operation, hours of operation, location, parking and circulation, traffic access, sanitary facilities, date by which temporary structure and trash shall be removed—which shall be no later than three (3) days unless otherwise provided—traffic and/or crowd control, permanent on-site safety requirements and any other conditions as will protect the health, safety, and welfare of the public and which will protect surrounding properties from any adverse effects of the activity.

7.

Before business can be conducted at the temporary use site, all temporary structures, including but not limited to tents and trailers, shall be issued a Building Permit where required by the Florida Building Code, and shall be approved by the Fire Department before setup, and inspected and approved after setup.

8.

Denial of the permit shall be in writing and provided to the applicant within seven (7) working days of receipt of a complete application. Reasons for the denial shall be included.

9.

The City Manager, upon finding that the terms of any temporary use permit are being violated, may revoke the permit and order the immediate cessation of the use activity.

10.

Property owners (and tenants of property owners) may conduct an event/sale of goods that is similar to the temporary uses outlined in Paragraph (D) following if the event/sale of goods is directly related to the owner/tenant's business, and does not include outside agencies/businesses. However, said event/sale of goods is still subject to the requirements of the most similar listed temporary use herein. The City Manager may waive one (1) or more application requirements where not applicable to a given application.

(C)

GENERAL PROVISIONS.

1.

Tents. Tents erected in any zoning district for the purpose of special promotions, entertainment, educational, religious, evangelistic or similar special events, shall be subject to the following requirements. A tent shall not be acceptable as a permanent structure.

(a)

The use of the tent shall be limited to an authorized use of the property in the zoning district where located or as provided by this Section.

(b)

The tent shall comply with all setback requirements.

(c)

A tent permit shall be obtained from the Building Development Division.

2.

Adequate on-site sanitary facilities shall be provided, as determined by the Building Development Division. Said sanitary facilities may be provided by an established business on the site, if the business remains open during the proposed hours of operation of the temporary use. A letter must be provided stating that sanitary facilities are available to the patrons of the temporary use. The use of outdoor privies is also allowed unless otherwise indicated.

3.

Dumpsters, or other appropriate waste disposal containers, as approved by the City Manager, shall be provided on the site.

4.

Temporary signage shall be in conformance with Chapter 6, "Signs".

5.

Adequate off-street parking shall be provided, as determined by the City Manager based upon the requirements of Section 18-1532, "Parking and Loading Regulations", professionally accepted standards, and the adequacy of parking that was provided for past, similar events.

6.

No temporary use shall encroach into any required parking space, driveway or drive aisle necessary for the operation of existing businesses or the temporary use, or within required landscaped areas.

(D)

AUTHORIZED TEMPORARY USES. The following temporary uses are hereby authorized:

1.

Construction Offices, Construction Storage Buildings, and Construction Staging Yards.

(a)

Such uses shall be located within the lot or subdivision involved in the construction project, or immediately adjacent thereto, but not upon public easements or public property. This restriction shall not apply to such uses in conjunction with Federal, State, County, or local government construction projects for rights-of-way, drainage and utility installations.

(b)

Building Permits shall be obtained for such uses.

(c)

Temporary buildings for construction purposes are permitted for a period not to exceed the duration of such construction while an active Building Permit is in effect.

2.

Model Homes and Temporary Real Estate Sales Offices.

(a)

In a residential development for new dwellings (single-family detached, single-family attached, duplex, multifamily, mobile or manufactured home), developers or their agents may operate one (1) or more model homes and one (1) temporary real estate sales office which may be in the model home, but if not in the model home, it shall be less than seven hundred fifty (750) square feet in area.

(b)

The temporary real estate sales office shall not be used except for the purpose of developing and marketing the property or subdivision in which such office is located.

(c)

The temporary real estate sales office not in a model home shall not be used as an office for more than eighteen (18) months, after which time such office shall immediately be removed.

(d)

Model homes and temporary real estate sales offices shall not be used for any business activity later than 9:00 p.m.

3.

Seasonal Sales.

(a)

Outdoor seasonal sales may be permitted in any commercial, mixed use, and industrial zoning district where retail sales is allowed. Seasonal sales are also permitted in other zoning districts if located on the site of an existing civic organization (i.e., place of worship, Boy Scouts, school, fraternal organization or similar activity).

(b)

The sale shall be limited to a maximum forty-five 45 days per event and shall be limited to two (2) events per calendar year, per site. This two-event limit per site shall also include any "General Retail Sales" outlined in Subsection (D)4. following.

(c)

The sales area shall include any areas used for display outside the confines of the temporary structure.

(d)

One (1) recreational vehicle may be allowed for security purposes only.

(e)

Storage or parking of semi-tractor cabs and/or trailers, or similar type vehicles, is prohibited. This does not include vehicles actually engaged in a business activity which requires their presence for a limited time to perform the delivery of goods and services. This provision shall not apply to properties located within the "M-1" Light Industrial and "IH" Industrial Heavy zoning districts.

(f)

See also Subsection (C)1. above for "tent" requirements.

4.

General Retail Sales.

(a)

General retail sales may be permitted outdoors in any commercial, mixed use, or industrial zoning district where retail sales is allowed.

(b)

The sale shall be limited to a maximum fourteen-day period only and shall be limited to two (2) events per calendar year per site. This two-event limit per site shall also include any "Seasonal Sales" outlined in Subsection (D)3. above.

(c)

The sales area shall include any areas used for display outside the confines of a temporary structure.

(d)

Such use shall meet required setbacks for the zoning district in which it is proposed to be located.

(e)

One (1) recreational vehicle may be allowed for security purposes only.

(f)

Storage or parking of semi-tractor cabs and/or trailers, or similar type vehicles, is prohibited. This does not include vehicles actually engaged in a business activity which requires their presence for a limited time to perform the delivery of goods and services. This provision shall not apply to properties located within the "M-1" Light Industrial and "IH" Industrial Heavy zoning districts.

(g)

See also Subsection (C)1., above for tent requirements.

5.

Carnival, Circus or Community Special Event.

(a)

A temporary use permit may be issued for a carnival, circus, or a community special event of public interest, including but not limited to, outdoor concerts, auctions, automobile, bicycle or foot races, or other events as approved by the Zoning Division.

(b)

A temporary use permit may be issued for a time period for a maximum of twenty (20) days and shall be limited to one (1) event per calendar year per site.

(c)

The applicant shall provide the anticipated number of persons to attend such use.

(d)

Adequate crowd control shall be provided, as approved by the Police Department.

(e)

See also Subsection (C)1. above for "tent" requirements.

6.

New or Used Car, Boat or Recreational Vehicle Promotional Sales.

(a)

Promotional sales of new or used cars, boats or recreational vehicles on lots not part of such an established business may be issued a temporary use permit for no more than ten (10) consecutive days in any two-month period. All applicable Land Development Code requirements shall be met for any lot where such promotional sales are desired more often than allowed herein.

(b)

Such temporary, promotional sales shall only occur on lots where such permanent use is allowed, as a Permitted or Conditional Use, under the zoning district for the subject lot.

(c)

No temporary use permit shall be issued for a lot for the time period of Thanksgiving through January 1 where other existing businesses are in operation.

(d)

No existing streetscape, perimeter or interior green space area shall be used for display.

(e)

No portion of the display or parking areas shall be on publicly owned property or rights-of-way.

(f)

No loudspeaker or public address system shall be allowed.

7.

Roadside Vendors. (A non-permanent fixture on a lot used for retail sale display of merchandise or food. Primary source of customers generated from passing traffic).

(a)

Any temporary structures or carts shall be removed daily. No permanent structures shall be allowed.

(b)

A roadside vendor and all items displayed or for sale shall be located on a lot and shall not be located on publicly owned property or rights-of-way.

(c)

Off-street parking shall be provided at the rate of one (1) parking space for each two hundred (200) square feet of display and sales area, or fraction thereof, with a minimum of three (3) parking spaces provided for the roadside vendor.

(d)

Adequate permanent on-site sanitary facilities shall be provided, as determined by the Building Development Division. Said sanitary facilities may be provided by an established business on the site, if the business remains open during the proposed hours of operation of the temporary use. A letter must be provided stating that sanitary facilities are available to the patrons of the temporary use. The use of outdoor privies shall not be allowed.

(e)

No food or drink may be displayed or sold except in accordance with the standards and prior written approval of the Pinellas County Health Department.

(f)

All requirements of the Sign Code shall be met.

(g)

All business tax receipt requirements shall be complied with.

(h)

Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.

(i)

No temporary structure or cart, or items displayed or for sale, shall be located within the visibility triangle, as defined in Section 18-1503.11.

(j)

The maximum timeframe a lot or parcel may be issued temporary use permits for the same or different roadside vendors shall be ninety (90) days combined within any calendar year.

8.

Vendors. A use/service offered by the property owner as a integral part of the primary business.

(a)

No permanent structures shall be allowed.

(b)

The vendor and all items displayed or for sale shall be located at or near the primary structure to serve customers entering and exiting the business, and within the area designated for outdoor display of goods. Picnic tables with benches shall be allowed for the customers of food vendors.

(c)

Adequate permanent on-site sanitary facilities shall be provided, as determined by the Building Development Division. Said sanitary facilities may be provided by an established business on the site, if the business remains open during the proposed hours of operation of the temporary use. A letter must be provided stating that sanitary facilities are available to the patrons of the temporary use. The use of outdoor privies shall not be allowed.

(d)

No food or drink may be displayed or sold except in accordance with the standards and prior written approval of the Pinellas County Health Department.

(e)

All business tax receipt requirements shall be complied with.

(f)

Hours of operation shall be the same, or less, as the primary business located on the site.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

RESIDENTIAL ZONING DISTRICTS.

1.

Commercial Vehicles.

(a)

No person shall cause or permit a commercial vehicle or commercial agricultural implements to be stored, maintained, or parked in a residential zoning district, except that storage, maintenance, or parking of commercial vehicles related to agriculture and commercial agricultural implements shall be permitted in the "F" and "RE" Districts.

(b)

The following regulations shall apply to the parking of taxicabs and utility or flatbed trucks, which are not classified as commercial vehicles:

(1)

The "vehicle sign" on any taxicab must be completely and opaquely covered when the vehicle is parked at the residence of the taxicab driver. No more than two (2) taxicabs or limos are permitted at one (1) dwelling and must be parked on a paved parking area.

(2)

Utility trucks or flatbed trucks of a gross vehicle weight of no more than one (1) ton may be kept in a residential zoning district as long as the utility truck or flatbed truck is no longer than two hundred seventy-six (276) inches or twenty-three (23) feet and no higher than eighty-four (84) inches or seven (7) feet. There shall be no part of the vehicle or equipment that extends above the cab except that a headboard may extend six (6) inches above the cab of the vehicle. The utility truck or flatbed truck must be enclosed by a six-foot high solid fence or wall and may be parked in the side or rear yard, or parked in a garage.

(c)

It is not the intent of this Section to prohibit commercial vehicles from residential zoning districts when actually engaged in a business activity which requires their presence in a residential zoning district for a temporary time and for a specific purpose (e.g. lot mowing, residential relocation, construction, etc.).

2.

Recreational Vehicles, Boats, Boat Trailers With or Without a Boat(s) and Utility Trailers.

(a)

Any recreational vehicle, boat, boat trailer, or utility trailer may be parked or stored in any residential zoning district, subject to the following conditions:

(1)

There is no limitation upon the number of the above-listed vehicles that may be parked or stored on a lot. However, only one (1) such vehicle may be parked or stored within the front yard or secondary front yard of an individual lot; provided that if an inoperable automobile is lawfully parked or stored within the front yard or secondary front yard of an individual lot, then none of the above vehicles may also be parked or stored in such front yard or secondary front yard.

(2)

The vehicle title holder must be a permanent resident of the dwelling unit at which the vehicle is parked or stored.

(3)

A current registration decal shall be displayed in a prominent place on the vehicle as required by Florida Statutes.

(All boats that require registration when afloat shall have a current Florida boat registration decal.)

(4)

Boats not placed on a trailer must be stored in a safe condition through the use of jacks, cradles, or similar devices. In no case shall drums, barrels, concrete blocks, lumber, or similar devices be utilized for the storage of boats.

(5)

In all cases where a recreational vehicle, boat, boat trailer with or without a boat(s), or utility trailer is stored, any grass located under such vehicle shall be trimmed to the same height as the remainder of the yard.

(6)

The repair and/or construction of a recreational vehicle, boat, boat trailer, or utility trailer shall be prohibited in any residential zoning district. This restriction shall not apply to the normal maintenance associated with the keeping of such vehicles.

(7)

All other applicable Code provisions must be complied with.

3.

Inoperable Automobiles Weighing No More Than six thousand (6,000) pounds.

(a)

Any inoperable automobile, weighing no more than six thousand (6,000) pounds, may be parked or stored in any residential zoning district, subject to the following conditions:

(1)

Inoperable automobiles and associated equipment may be parked or stored in an enclosed garage.

(2)

One (1) inoperable automobile is permitted within the front yard or secondary front yard of an individual lot when it is in a fully enclosed operable trailer or on an operable trailer and completely covered with a commercial, custom-type cover or other similar material designed specifically for automobiles. The cover must be maintained in good condition. An inoperable automobile shall not be permitted in the front yard or secondary front yard when a recreational vehicle, boat, boat trailer with or without a boat(s), or utility trailer is parked or stored in the front yard or secondary front yard.

(3)

Any inoperable automobile stored in the side or rear of a lot must be in a fully enclosed operable trailer or on an operable trailer and completely covered with a commercial, custom type cover or other similar material designed specifically for automobiles.

(4)

In all cases, any grass located under the trailer shall be trimmed to the same height as the remainder of the yard.

(5)

All other applicable Code provisions must be complied with.

4.

Parking on the Right-of-Way Prohibited. No commercial vehicles, recreational vehicles, boats, boat trailers, or utility trailer shall be stored or parked between the hours of 7:00 p.m. and 7:00 a.m. upon any public right-of-way in a residential zoning district.

5.

The City Manager may grant waivers to allow the parking of a school bus in a residential zoning district. In determining whether such waiver should be granted, the City Manager shall determine that the application for a waiver complies with the following criteria: the school bus may be parked in a residential zoning district only between the hours of 9:00 a.m. and 2:00 p.m.; the school bus may be parked only on a paved driveway; the school bus when parked on a paved driveway must not encroach upon any other property or right-of-way; and the school bus will not block or impede vision within any visibility triangle, as defined in Section 18-1502.2. The decision of the City Manager may place other conditions upon the approval of the waiver, based upon the particular circumstances set forth in the application for the waiver.

(B)

COMMERCIAL AND MIXED-USE ZONING DISTRICTS.

1.

Storage and/or parking of commercial construction equipment, such as but not limited to, bulldozers, tandem dump trucks, single axle dump trucks, scraper pans, graders, cranes, front end loaders, backhoes, road rollers and scaffolding, including forms, is prohibited, except as hereinafter provided.

2.

Storage and/or parking of semi-tractor trailers, or combination thereof, is prohibited, except as provided in Item 4 below.

3.

A commercial vehicle stored in a commercial or mixed-use zoning district must be either owned or leased by the business establishment which is located on the property upon which the vehicle is parked or stored.

4.

When the principal use of property located within the "R-6", "GO", "B-1", "ROR", "MXD" or "TC" District is residential in nature, the vehicle restrictions outlined above for Residential zoning districts shall apply. Exception: When a property used for residential purposes, and located within the Community Redevelopment District (CRD) land use designation, was purchased prior to the effective date of this provision with the intent of storing the property owner's semi-tractor cab at said residence, said semi-tractor cab may continue to be stored at its existing location. However, should the storage of said semi-tractor cab be discontinued for a period of six (6) months, or more, such use shall not be re-established.

5.

It is not the intent nor the purpose of this Section to prohibit commercial vehicles as described herein from commercial or mixed use zoning districts when actually engaged in a business activity which requires their presence for a temporary time and for a specific purpose (e.g. delivery of goods or services or on-site construction projects).

6.

Vehicles that are wrecked, dismantled, partially dismantled, or inoperative shall be stored within an enclosed building, or as provided in Section 18-1530.11, "Outdoor Storage".

(C)

INDUSTRIAL ZONING DISTRICTS.

1.

Vehicles that are wrecked, partially or completely dismantled, or inoperative shall be stored either within an enclosed building or as provided for in Section 18-1530.11, "Outdoor Storage".

(D)

PUBLIC/SEMI-PUBLIC ZONING DISTRICTS.

1.

Lots with a land use plan map designation of Transportation/Utility (T/U) shall follow the rules for Industrial zoning districts.

2.

Lots with a land use plan map designation of Preservation (P) or Recreation/Open Space (R/OS) shall follow the vehicle restriction rules for residential zoning districts.

3.

Lots with a land use plan map designation of Institutional (I) shall follow the vehicle restriction rules for commercial and mixed-use zoning districts.

(Ord. No. 3748, § 3, 10-28-2010)

The outdoor display and sales of goods and merchandise for permanent, on-site businesses shall be allowed subject to the provisions of this Section. The purpose of allowing outdoor display and sales is to allow a business additional merchandise exposure to passersby, to allow for the sale of special stock or temporary overstock, and to enhance pedestrian activity in front of businesses. Outdoor display and sales is subject to the following conditions in order to limit outdoor sales and display to a function and scale that are accessory and complimentary in nature to indoor display and sales, and to ensure that outdoor display and sales does not interfere with normal site functions, and does not aesthetically detract from the neat and orderly appearance of the City's business districts. This Section shall not apply to outdoor display in conjunction with the sales or rental of new and used cars, motorcycles, trucks, utility trailers, recreational vehicles or manufactured homes where permitted by this Article, nor outdoor display in conjunction with the sales of pools, and landscape materials at retail plant nurseries or garden centers accessory to enclosed retail businesses.

(A)

The outdoor display and sale of goods and merchandise for retail businesses displaying merchandise that is for sale also within the building shall be conducted on the same lot as the retail business and proximate to the building. The outdoor display and sales area shall not exceed an area equivalent to fifteen (15) percent of the gross floor area of the business. A variance to this square footage limitation shall, upon written request from an authorized representative of the business, be considered by the Board of Adjustment. In determining whether or not to grant a larger outdoor display and sales area, the Board of Adjustment shall consider the following criteria relative to the intent of this Section: Use of abutting properties, location of the outdoor display and sales area, configuration of the lot and the outdoor display and sales area and items to be generally displayed. In granting approval of a larger outdoor display and sales area, the Board of Adjustment may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the waiver is granted, shall be deemed a violation of this Article and punishable as provided by this Article.

(B)

The applicant shall submit to the Building Development Division a detailed plot plan for review of the proposed outdoor display and sales area. The applicant shall pay a review fee as established by resolution of the City Council. The plan shall show the location and size of the outdoor display and sales area, any temporary structures which may be proposed, parking areas, existing building(s) (including location of egress doors and sidewalks to and around the building), the gross floor area of the building or unit of the retail business, drainage system, and landscaped areas.

(C)

No portion of the outdoor display and sales area shall be on publicly owned property or rights-of-way.

(D)

No required off-street parking space, driveway, drive aisle, loading space, streetscape or perimeter landscape buffer, or interior greenspace shall be utilized for such outdoor display and sales area, nor shall any portion encroach into the visibility triangles, as defined in Section 18-1502.2.

(E)

No portion of the outdoor display and sales area shall block any required means of egress, nor shall it block any access route on any sidewalk.

F.

Any proposed tent shall meet the provisions under Section 18-1530.14(D)1., Temporary Uses.

(G)

Goods and merchandise, except items that are not subject to deterioration by weather (such as potting soil, mulch, swings, swimming pools or other like items as determined by the City Manager), displayed outdoors shall be moved indoors or to an approved outdoor storage area daily at the close of business hours.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)107., 3-14-2019; Ord. No. 4170, § 2, 11-10-2022)

Editor's note— Ord. No. 4279, § 21, adopted Nov. 26, 2024, repealed § 18-1530.17, which pertained to minimum building separation and derived from Ord. No. 3748, adopted October 28, 2010.

In order to encourage master stormwater retention/detention ponds which provide stormwater management for public streets, in areas zoned and properly utilized for industrial purposes, the maximum lot coverage of a lot in an industrial subdivision may be increased to eighty-five (85) percent, subject to the following restrictions:

(A)

When calculating the increase in lot coverage over the maximum lot coverage of seventy-five (75) percent, the total amount of existing impervious surfaces of the other lots within such subdivision must be considered. This aggregate total cannot exceed the maximum impervious area used in the original design of the retention/detention pond.

(B)

When the master stormwater retention/detention pond traverses individual lots under different ownerships, the applicant requesting the increase in maximum lot coverage must enter into an agreement in a form acceptable to the City Attorney with one (1) or more of the lot owners to allow the applicant to use a percentage of the other lot owner's open space. The agreement shall be submitted to the City Zoning Division to be recorded in the Public Records of Pinellas County, Florida.

(C)

When a master stormwater retention/detention pond is credited against maximum lot coverage, the pond shall be landscaped with canopy or intermediate trees, one (1) per seventy-five (75) feet of shoreline, based on the applicant's proportionate share of the pond. Existing approved trees will be credited to meet the intent of this Section.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

Homes of six (6) or fewer residents which meet the definition of a Community Residential Home, in Section 18-1502.2, shall be deemed a single-family unit and a non-commercial, residential use. Homes of six (6) or fewer residents which meet the definition of a Community Residential Home shall be permitted uses in all zoning districts permitting single-family, duplex or multi-family uses, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. The "sponsoring agency," as defined in F.S. ch. 419, as may be amended from time to time, shall notify the Zoning Division of the existence of such licensed home at the time that each home is occupied, as required by said F.S. ch. 419.

(B)

When a site for a Community Residential Home for seven (7) to fourteen (14) residents has been selected by a sponsoring agency in an area zoned for multi-family residential uses, the sponsoring agency shall notify the City Manager in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the applicable state licensing entity indicating the licensing status of the proposed Community Residential Home, and specifying how the home meets applicable licensing criteria for the safe care and supervision of the residents in the home, as required by F.S. ch. 419, as may be amended from time to time. The applicable state licensing entity shall also provide to the City Manager the most recently published data compiled that identifies all Community Residential Homes licensed by said agency in the City. The City Manager shall review the notification of the sponsoring agency in accordance with this Article.

1.

Pursuant to such review, the City Manager may:

(a)

Determine that the establishment of the Community Residential Home is in accordance with this Article and approve the location. If the location is approved, the sponsoring agency may establish the home at the site selected.

(b)

If the City Manager fails to respond to the request within sixty (60) days, the sponsoring agency may establish the home at the site selected.

(c)

Deny the establishment of the home.

2.

The City Manager may deny the establishment of a Community Residential Home if the location of the home at the site selected:

(a)

Does not otherwise conform to existing zoning regulations applicable to other multi-family uses in the area.

(b)

Does not meet applicable licensing criteria established and determined by the state licensing agency, including requirements that the home be located to assure the safe care and supervision of all residents in the home.

(c)

Would result in such concentration of Community Residential Homes in the area proximate to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of twelve hundred (1,200) feet of another existing Community Residential Home in a zoning district allowing multifamily zoning uses shall be an over concentration of such homes that substantially alters the nature and character of the area. A home that is located within five hundred (500) feet of a single-family zoning district alters the nature and character of the area.

(C)

When a site for a Community Residential Home for more than fourteen (14) residents has been selected by a sponsoring agency in an area zoned for multi-family residential uses, such use shall require Conditional Use review and approval and shall meet the special requirements specified in Section 18-1531. 10.

(D)

All distance requirements in this Section shall be measured from the nearest point of the existing Community Residential Home or area of single-family zoning to the nearest point of the proposed home.

(E)

Pursuant to F.S. ch. 419, as may be amended from time to time, the state licensing agency shall not issue a license to a sponsoring agency for operating of a Community Residential Home if the sponsoring agency does not notify the City Manager of its intention to establish a program, as required by Subsection (B) above. A license issued in non-compliance with the provisions of this Section shall be considered null and void, and continued operation of the home may be enjoined.

(F)

A dwelling unit housing a Community Residential Home of fourteen (14) or fewer residents established pursuant to this Section shall be subject to the same local laws and ordinances applicable to other non-commercial residential multi-family units in the zoning district in which it is established.

(G)

Nothing in this Section shall be deemed to affect the authority of any Community Residential Home lawfully established prior to the effective date of this section to continue to operate.

(H)

Nothing in this Section shall permit persons to occupy a Community Residential Home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others.

(I)

Adult Congregate Living Facilities, Group Homes, Family Group Homes and Foster Homes (for adults), all as defined by state law, legally approved prior to October 1, 1989, which do not meet the requirements of Community Residential Homes, shall be considered nonconforming Community Residential Homes, and shall be subject to all applicable regulations for nonconforming uses pursuant to Section 18-1504.

(Ord. No. 3748, § 3, 10-28-2010)

The purpose of these provisions is to prescribe standards for dumpsters for the enhancement and improvement of the visual environment. All new site development shall provide facilities for dumpsters, provided this Section shall not apply to single-family detached and duplex dwellings, except at the owner's/developer's option to provide such dumpsters, wherein the following regulations shall apply. These provisions shall also apply to sites under redevelopment.

(A)

LOCATION.

1.

All dumpsters shall be located on the lot that the dumpster(s) serves.

2.

No dumpster shall be located within any public or private right-of-way, or visibility triangle, as set forth in Section 18-1503.11.

3.

All dumpsters and their enclosures shall only be located in the secondary front yard, side yard and/or rear yard, and set back a minimum of five (5) feet from any property line, unless a buffer of greater dimension is required elsewhere in this Code, in which case the dumpster(s) shall not encroach into the buffer.

4.

All dumpsters shall be located for ease of direct pickup by the collection vehicle, as determined by the City Manager. The factors to be used in this determination shall include, but not be limited to: Abutting uses; direction of traffic flow; width of drive aisles; location of dumpsters in relation to driveway(s); size of collection vehicle; size of dumpsters; physical constraints of the site; and the existence of overhead electric or communication lines, or overhead tree limbs.

5.

The City Manager may allow the use of dumpsters on rollers. In such case, the rolling dumpster does not have to comply with Subsection (A)4. above, but shall be located so as to have clear, unobstructed access from its enclosure to the collection vehicle.

6.

When abutting a residential zoning district, no dumpster or trash enclosure shall be located within ten (10) feet of such abutting residential zoning district.

(B)

STANDARDS.

1.

All dumpsters and enclosures shall be located on a concrete pad and be in compliance with the requirements of the City's bona fide trash collection contractor for thickness and size.

2.

All dumpsters shall be screened from view from public rights-of-way and from abutting or functionally abutting residential or mixed-use zoning districts by a six (6) foot high opaque enclosure of wood, masonry or other suitable materials.

The use of chain link fencing with any form of shielding inserts (plastic, wood, fiberglass metal, etc.) shall not be allowed.

The City Manager may waive this screening requirement when there is an intervening building or structure that provides an equal or greater measure of screening or when buffering requirements of this Code require a solid, six (6) foot high wall or fence along a property line.

3.

Gates shall be required for the dumpster enclosure, shall be solid, and be in compliance with the requirements of the City's bona fide trash collection contractor. The City Manager may waive the requirement for solid gates if, by the direction or angle of the dumpster enclosure, the dumpster will not be viewed from any public right-of-way or from any abutting or functionally abutting residential or mixed-use zoning district.

4.

It shall be the property owner's responsibility to repair and maintain dumpster enclosures in accordance with the requirements of this Section.

5.

Dumpsters and their enclosures shall be situated on a lot for ease of pickup by sanitation collection vehicles.

6.

Dumpster enclosures on lots abutting a residentially zoned lot shall be set back at least ten (10) feet from the residentially zoned lot line(s).

(C)

SITES UNDER REDEVELOPMENT.

1.

Any lot that is under redevelopment and has a dumpster(s) that does not meet the standards of this Section shall be brought into compliance with all requirements of this Section with the issuance of a building permit for any non-maintenance construction, excluding interior construction, or the issuance of an engineering permit. In meeting this requirement, a violation of another Code requirement cannot be created.

(D)

ALTERNATIVE PRACTICE.

1.

The use of alternative collection practices may be allowed by the City Manager when it can be demonstrated there is no need for a dumpster. This shall be handled and approved on a case-by-case basis. Should individual garbage cans be allowed, the cans shall be kept in a location approved by the City Manager. The can location shall be screened by a minimum forty-two (42) inch high solid fence or wall when the approved location will be visible from a public right-of-way or from an abutting or functionally abutting residential or mixed-use zoning district.

2.

Any change from alternative collection practices to a dumpster shall be submitted and reviewed as an amendment to the approved site plan and the dumpster shall meet the requirements of this Section.

(E)

WAIVERS.

1.

In any case where the strict application of the requirements of this Section presents an undue hardship, the City Manager may waive one (1) or more of the requirements. The City Manager may, in his discretion, refer an application for waiver of dumpster requirements to the City Council, or if a subject parcel is located in the Community Redevelopment District, the Community Redevelopment Agency.

2.

In determining whether to waive any requirements, the deciding authority shall consider the following criteria: character of the immediately surrounding development; size, configuration, and natural features of the land to be developed; adequacy of off-site improvements; traffic impacts; and nature of the proposed development.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)108., 3-14-2019; Ord. No. 4093, § 8, 11-26-2019; Ord. No. 4282, § 1, 1-9-2025)

(A)

Portable storage units (PSU) are portable containers, including, but not limited to, non-licensed trailers and other containers normally used for temporary storage of personal property, merchandise or materials. Portable storage units are intended to be used for storage and are on the property solely for storage. Portable structures designed for depositing personal goods to be donated to a non-profit charitable organization are not included in the definition of a PSU.

(B)

Portable Storage Units (PSUs) are subject to the following conditions for placement and use upon property within the City:

1.

On property used for residential uses or mixed uses, PSU shall not exceed eight (8) feet in width, sixteen (16) feet in length and nine (9) feet in height and shall be limited to one (1) PSU per dwelling unit. On properties used for commercial, industrial and semipublic uses the PSU shall not exceed eight (8) feet in width, forty (40) feet in length, and fourteen (14) feet in height.

2.

In residential zoning districts, PSU shall be placed either on the driveway, approved parking areas, or in the buildable portion of the lot, and shall not be placed in a right-of-way. In all other zoning districts, PSU shall not be placed in required parking stalls or drive aisles, encroach into drainage areas or landscape buffers, nor be placed in a right-of-way. PSU may be placed in non-required parking stalls, in a drive aisle where traffic flow is not restricted below the required aisle width, or in open grass areas.

3.

In residential zoning districts, PSU shall not exceed a maximum of fifteen (15) consecutive calendar days per siting on a lot, with a maximum of two (2) sitings per calendar year per dwelling unit, and there shall be a minimum of thirty (30) days between each siting. In all other zoning districts, PSUs shall not be located upon a lot in excess of ninety (90) total calendar days per calendar year.

4.

On single-family lots in connection with permitted construction activity, the PSU may remain on the lot for the duration of the Building Permit, but shall be removed prior to the issuance of a Certificate of Occupancy or if the construction activity ceases. In such cases, a PSU may be placed in the rear or side yards, but not in front of the dwelling, and the allowable location of the PSU shall be determined during single-family permit review.

5.

All PSU shall have the name, current phone number and address of the provider of the PSU with the date the PSU was placed on the site clearly posted on the exterior and facing the street.

6.

PSU shall be locked and secured by the owner or tenant of the unit or property at all times when loading or unloading is not taking place. Storage of hazardous materials is prohibited.

7.

No permit or fee shall be required for any PSU.

8.

No signage other than the company that owns the PSU may be placed on the PSU. The square footage of the sign shall not exceed six (6) square feet.

9.

PSU shall not be stacked.

(C)

Notwithstanding the prohibitions hereinabove set forth, the City Manager may suspend the operation of this Section through special written permission when there is a hardship on the property owner or tenant, or during times of recovery from a disaster.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

SITE PLAN REQUIRED:

1.

Prior to an owner or occupant's temporarily or permanently keeping one (1) or more livestock, the lot owner and/or occupant shall submit to the Zoning Division a site plan. The required site plan shall show lot lines and locations of all structures on the lot including potable water lines, wells, septic tanks and septic drain fields and the proposed location for the livestock waste storage structure or arrangement.

(B)

LIVESTOCK WASTE STORAGE.

1.

The containment and location of livestock waste storage and/or disposal shall minimize odor, vermin and insect infestation impacts on adjacent lots. In this regard, the spreading and/or tilling of livestock wastes into the soil are regarded as disposal and as such are required to comply with the criteria in Subsection (C) below.

2.

The livestock waste storage area shall be located and constructed in such a manner that minimizes exposure to rain or ponding water in order to prevent manure contaminated runoff from the site from entering surface and/or ground waters. The livestock waste storage site shall be sized to contain at a minimum one (1) cubic yard of livestock waste and soiled bedding. The structure used for containment shall have a minimum of three (3) sides and have a floor with an impervious surface. The livestock waste shall only be disposed in a manner allowed by law.

(C)

SETBACKS REQUIRED:

1.

Livestock waste storage sites shall not be permitted in the required front yard, secondary front yard, or side yard.

2.

The livestock waste storage site shall not be closer than twenty (20) feet to any property line of the lot.

3.

The livestock waste storage site shall not be closer than fifty (50) feet to any well, lake, pond, wetland, stream or drainage ditch.

For the purposes of this Section, the term "livestock" shall mean any animal weighing three hundred (300) pounds or more. Where livestock are kept as of the effective date of this provision (November 14, 2002), the requirements for animal waste storage and disposal shall not apply.

(Ord. No. 3748, § 3, 10-28-2010)

The following shall be the minimum requirements for permitted equestrian uses.

(A)

SPECIAL REQUIREMENTS:

1.

Within the "RE" Single-family Residential Estate District and "RR" Rural Residential District equestrian uses shall be permitted subject to the following regulations:

(a)

Site plan review and approval by staff.

(b)

Access plans shall be approved by the Traffic Division Director.

(c)

Accessory retail sales (tack shop) shall not exceed five hundred (500) square feet of gross floor area.

(d)

Parking shall be provided at the rate of one (1) space for each three (3) boarded horses. Stable owners who do not board horses for profit shall be exempt from providing additional spaces.

(e)

The total number of horses permitted on a parcel of land in the 'RE" Residential Estate or "RR" Rural Residential Zoning District shall not exceed the number of horses per net acre illustrated in "Table 1", below. Net acres shall be determined by subtracting the following dedicated areas from the gross acreage:

(1)

Public right-of-way.

(2)

Open bodies of water or drainage easements containing open ditches.

(3)

The footprint of residential structures.

(4)

Required parking areas.

(5)

Accessory structures (not including barns, stables, and structures utilized in conjunction with equestrian use.)

(6)

Any impediment that prevents a horse unfettered access to usable areas (eg. areas fenced to prevent access to horses such as children's playground areas, etc.).

2.

Any site containing an open body of water shall require Southwest Florida Water Management District inspection, evaluation and determination.

3.

Current sealed survey delineating property lines, easements, structures, elevations, and open bodies of water will be required to be submitted for determination of site compliance.

4.

A variance to any of the requirements of this Section may, upon the filing of an application with the Zoning Division and payment of applicable fees, be considered by the Board of Adjustment.

Table 1: Number of Horses Allowed in A RE or RR District

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)109., 3-14-2019)

(A)

Purpose and Definition.

1.

These standards are adopted pursuant to F.S. § 163.3208 governing the establishment of Electric Power Distribution Substations. For the purposes of this article the term "electric power distribution substation" means an electric substation which takes electricity from the transmission grid and converts it to a lower voltage so it can be distributed to customers in the local area on the local distribution grid through one (1) or more distribution lines less than sixty-nine (69) kilovolts in size.

(B)

Standards.

1.

Nonresidential Zoning Districts.

a.

For the purposes of this article, nonresidential zoning districts are "CN" Commercial Neighborhood, "CPUD" Commercial Planned Unit Development, "MUPUD" Mixed Use Planned Unit Development, "GO" General Office, "B-1" General Commercial, "CH" Heavy Commercial, "M-1" Light Industrial, "IH" Heavy Industrial, "IPUD" Industrial Planned Unit Development, "OS" Open Space. "R/O/R" Retail/Office/Residential, "P" Public, "MXD" Mixed Use District, "MXD-1" Mixed Use District, "MXD-2" Mixed Use District, and "TC" Town Center Districts.

b.

Minimum lot size—One acre (forty-three thousand five hundred sixty (43,560) square feet).

c.

Setbacks—Shall be the same as that established for all required yards in the nonresidential districts listed above except where a nonresidential district abuts a residential district, the setback shall be as established for the abutting residential district.

d.

Buffers.

(1)

The substation equipment footprint shall be enclosed with an eight (8) feet high chain link fence or wall (inclusive of barbed wire strands) and signed with appropriate industry standard warnings.

(2)

The area between the fence or wall and parcel boundaries shall be landscaped with ground cover consistent with Section 18-1533.14(B) of this Code.

(3)

Where a proposed substation abuts a public or private right-of-way, a six (6) feet wide streetscape buffer shall be maintained with trees planted at a ratio of 1:40 feet along the right-of-way except in the Community Redevelopment Area, where a ratio of 1:35 feet shall be maintained. All other lot lines shall maintain a buffer strip of five (5) feet in width, with trees planted at intervals of fifty (50) feet with a continuous hedge and ground cover. Where interior lot lines are coterminous with residential district lot lines, said buffer strip shall be eight (8) feet wide, with trees planted at intervals of thirty-five (35) feet. In addition, an eight (8) feet high solid wall, which shall be painted if a decorative finish is not provided, shall be established within the buffer. Said fence or wall may be established anywhere between the substation equipment footprint and the property line.

(4)

In no instance shall the developer be required to install landscaping beneath aerial access points with vegetation that has a mature height of fourteen (14) feet or greater.

2.

Residential Zoning Districts.

a.

For the purposes of this article, residential zoning districts are "F" Farm, "RE" Residential Estate, "RR" Rural Residential, "R-1" Single-family Residential, "R-2" Single-family Residential, "R-3" Single-family Residential, "R-4" Duplex Residential, "R-5" Multi-family Residential, "R-6" Multi-family Residential/Commercial, "T-1" Mobile Home Subdivision, "T-2" Mobile Home Park, and "RPUD" Residential Planned Unit Development.

b.

Minimum lot size—One (1) acre (forty-three thousand five hundred sixty (43,560) square feet).

c.

Setbacks—The substation equipment footprint shall maintain an internal setback from property lines of one hundred (100) feet. This setback may be reduced to fifty (50) feet if completely surrounded by an eight (8) feet high solid fence or wall, which shall be painted if a decorative finish is not used. Said fence or wall may be established anywhere between the substation equipment footprint and the property line.

d.

Buffers.

(1)

The substation equipment footprint shall be enclosed with an eight (8) feet high chain link fence or wall and signed with appropriate industry standard warnings.

(2)

The area between the fence and parcel boundaries shall be landscaped with ground cover consistent with Section 18-1533.5(D) of this Code.

(3)

Where a proposed substation abuts a public or private right-of-way, an eight (8) feet wide streetscape buffer shall be maintained with trees planted at a ratio of 1:35 feet along the right-of-way(s). All other lot lines shall maintain a buffer strip eight (8) feet wide, with trees planted at intervals of forty (40) feet (thirty-five (35) feet in the Community Redevelopment Area).

(4)

In no instance shall the developer be required to install landscaping beneath aerial access points with vegetation that has a mature height of fourteen (14) feet or greater.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

Carports, as defined in Section 18-1502.2, Definitions, shall be permitted to be established in all Zoning Districts as an accessory structure and subject to the requirements enumerated below.

1.

Carports shall be set back a minimum of three (3) feet to any property line as measured from the outboard face of the closest structural member or the outboard edge of the eave, whichever component forms the outermost edge of the structure.

2.

Carports shall be constructed over an existing driveway or a driveway constructed for the purpose of situating the carport on the lot.

3.

Any portion of a carport constructed within the buildable area, as defined in Section 18-1502.2, may be enclosed on three (3) sides.

4.

Any portion of a carport constructed beyond the bounds of the buildable area shall not be enclosed and shall remain open at all times for the movement of air, light and preservation of the view shed to neighboring properties.

5.

Upright structural supports shall not exceed twelve (12) inches in width and the bottommost component of the roof shall not be less than eight (8) feet from grade level.

6.

All land area beneath the carport shall be considered impervious surface for the purpose of the City's drainage regulations.

7.

Carports shall not exceed four hundred (400) square feet in area under roof in any configuration that will provide the equivalent of a maximum of two (2) parking spaces in single family residential districts and/or any zoning district where the primary use of the lot is for a single family dwelling.

8.

There is no maximum size for carports constructed in multifamily residential, commercial, industrial or public/semi-public zoning districts, provided that the carport is clearly subordinate to the principle structure on the lot.

9.

Carport vertical supports shall not extend into required drive aisles or adjacent spaces when located in parking lots.

10.

No carport shall be erected within a required visibility triangle.

(Ord. No. 3864, § 1, 10-10-2013; Ord. No. 4079, § 1(Att. A)110., 3-14-2019; Ord. No. 4107, § 9, 3-12-2020)

(A)

PURPOSE. Due to economies of scale in production, distribution, marketing and advertising, national and super-regional breweries have dominated the beer industry for decades. These large-scale production facilities are traditionally assigned to industrial zoning classifications. Starting in the 1980's, local, independent breweries emerged as a competitive market segment within the beer industry and by the turn of the twenty-first century, the increased demand for small production facilities and mixed-use concepts began to reshape certain expectations about the potential impacts of this land-use type when developed on a smaller scale. The purpose of this section is to recognize the emergence of this specialized market segment and establish appropriate standards allowing for the typical range of activities, while mitigating any associated, undesirable impacts.

(B)

APPLICABILITY.

1.

This section shall apply to brewery, brewpub and microbrewery uses. Breweries are generally divided into four (4) distinct market segments: brewpub, microbrewery, regional (small) brewery and large brewery.

2.

This section does not apply to temporary or special events as may be authorized by other sections of this code.

(C)

ESTABLISHMENT. Brewery, including regional (small) and large, microbrewery and brewpub uses shall be allowed as per the regulations of the applicable zoning district, as well as the other applicable regulations of this article.

(D)

USE-SPECIFIC DEVELOPMENT STANDARDS.

1.

BREWPUB. In addition to the regulations of the relevant zoning district, as well as other applicable regulations of this article, an establishment that meets the definition of a brewpub shall comply with the following:

a.

Revenue from food sales shall constitute more than fifty (50) percent of the gross annual revenues;

b.

No more than fifty (50) percent of the total gross floor area of the establishment shall be used for the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;

c.

Where permitted by local ordinance, state and federal law, retail carryout sale of beer produced on the premises shall be allowed in specialty containers holding no more than a U.S. gallon (three thousand seven hundred eighty-five (3,785) ml/one hundred twenty-eight (128) US fluid ounces). These containers are commonly referred to as growlers;

d.

Brewpubs may sell beer in keg containers larger than a U.S. gallon (three thousand seven hundred eighty-five (3,785) ml/one hundred twenty-eight (128) US fluid ounces) for the following purposes and in the following amounts:

1.

An unlimited number of kegs for special events, the primary purpose of which is the exposition of beers brewed by brewpubs and microbreweries, which include the participation of at least three (3) such brewers;

2.

An unlimited number of kegs for City co-sponsored events where the purpose of the event is not for commercial profit and where the beer is not wholesaled to the event co-sponsors but is instead, dispensed by employees of the brewpub.

e.

All mechanical equipment visible from the street (excluding alleys), an adjacent residential use or residential zoning district shall be screened using architectural features consistent with the principal structure;

f.

Access and loading bays shall not face toward any street, excluding alleys;

g.

Access and loading bays facing an adjacent residential use or residential zoning district, shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building;

h.

No outdoor storage shall be allowed. This prohibition includes the use of portable storage units, cargo containers and tractor trailers.

2.

MICROBREWERY. In addition to the regulations of the relevant zoning district, as well as other applicable regulations of this article, an establishment that meets the definition of a microbrewery shall comply with the following:

a.

The microbrewery shall produce no more than fifteen thousand (15,000) barrels (four hundred sixty-five thousand (465,000) US gallons/seventeen thousand six hundred two and sixteen hundredths (17,602.16) hectoliters) of beer per year;

b.

This use shall be permitted only in conjunction with a restaurant, taproom or tavern/lounge:

1.

No more than seventy-five (75) percent of the total gross floor space of the establishment shall be used for the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;

2.

The façade of any accessory use(s) shall be oriented toward the street, excluding alleys, and, if located in a shopping center, to the common space where the public can access the use;

3.

Pedestrian connections shall be provided between the public sidewalks and the primary entrance(s) to any accessory use(s).

c.

All mechanical equipment visible from the street (excluding alleys), an adjacent residential use or residential zoning district shall be screened using architectural features consistent with the principal structure;

d.

Access and loading bays are discouraged from facing toward any street, excluding alleys;

e.

Access and loading bays facing any street, adjacent residential use or residential zoning district, shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building;

f.

No outdoor storage shall be allowed, including the use of portable storage units, cargo containers and tractor trailers, except as follows: spent or used grain, which is a natural byproduct of the brewing process, may be stored outdoors for a period of time not to exceed twenty-four (24) hours. The temporary storage area of spent or used grain shall be:

1.

Designated on the approved site plan;

2.

Permitted within side or rear yards;

3.

Prohibited within any front or secondary front yard;

4.

Prohibited within any yard abutting a residential use or residential zoning district;

5.

Fully enclosed within a suitable container, secured and screened behind a solid, opaque fence or wall measuring six (6) feet in height.

3.

REGIONAL (SMALL) AND LARGE BREWERY. An establishment that meets the definition of a brewery shall comply with the regulations of the relevant zoning district, as well as other applicable regulations of this article.

(Ord. No. 4106, § 14, 3-12-2020)

(A)

PURPOSE. Mobile food vending units have existed in various forms over several centuries, distinguished as much by their physical characteristics as their operational requirements. The purpose of this section is to:

1.

Recognize this specialized market segment;

2.

Classify the types of permitted mobile food trucks; and,

3.

Establish appropriate standards allowing for the typical range of activities while mitigating any associated, undesirable impacts.

(B)

APPLICABILITY.

1.

It is a violation to vend any product from a mobile food truck at any location except in compliance with the requirements of this Section.

2.

No tables, chairs or other furniture or equipment shall be placed within a public or private right-of-way.

3.

This section excludes a contractual or other private arrangement between a mobile food truck and an individual or group that wishes to have food catered to a specific location and which is not open to the public.

(C)

PERMITTED ZONING DISTRICTS. Mobile food trucks will be permitted to operate as an accessory use in the following zoning districts:

1.

"B-1" General Commercial;

2.

"CH" Heavy Commercial;

3.

"GO" General Office;

4.

"IH" Heavy Industrial;

5.

"M-1" Light Industrial;

6.

"MXD" Mixed Use;

7.

"P" Public;

8.

"TC" Town Center; and

9.

"F" Farm (only during events at approved Rural Event Venues).

(D)

PROHIBITIONS. Mobile food vendors are prohibited from the following:

1.

Selling or distributing alcoholic beverages unless pursuant to a separate agreement with the City;

2.

Operating in a municipal park, municipal parking lot, municipal cemetery and public rights-of-way unless pursuant to a separate agreement with the City;

3.

Operating outside of the permitted zoning districts listed in Section 18-1530.27(C) unless pursuant to a separate agreement with the City;

4.

Operating on unimproved surfaces, vacant lots and abandoned business locations;

5.

Selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive-up sales;

6.

Parking a mobile food truck:

a.

Within fifteen (15) feet of any fire hydrant or storm drainage structure;

b.

Within twenty (20) feet of a crosswalk; and

c.

Within two hundred (200) feet of any brick and mortar restaurant or outdoor dining area, unless specific authorization has been provided by the brick and mortar restaurant or outdoor dining area.

(E)

GENERAL REGULATIONS.

1.

BUSINESS TAX RECEIPT REQUIREMENTS. A mobile food truck shall comply with all state and local business tax regulations, including obtaining a business tax receipt from the City of Pinellas Park.

2.

MOBILE FOOD ESTABLISHMENT PERMIT REQUIREMENTS. A mobile food establishment permit is required for all mobile food trucks and shall be issued concurrently with a business tax receipt provided the following requirements are met:

a.

Mobile food trucks, including any side extensions of awnings, the length of any trailer hitch, the trailer or other extensions, seating area, or any other associated element shall not exceed the confines of a six hundred forty-eight (648) square foot area as defined on a typical sketch plan that shall be approved in conjunction with a mobile food vendor permit. This sketch plan shall be the required set-up for each and every location of the mobile food truck.

b.

A mobile food vendor permit and the associated business tax receipt may be suspended or revoked by the City Manager or designee for any of the reasons listed below with notice of such action given to the permittee in writing. The action shall be effective immediately upon receipt of such notice by the permittee.

1.

Fraud, misrepresentation, or false statement in the application for the permit, or made in the course of carrying on business as a holder of the permit; or

2.

Expiration, suspension or revocation of any other governmental permit, license or certificate which was required as a condition of issuance of the permit; provided, that in such cases, the suspension or revocation of the permit shall take effect immediately upon notice to the permit holder unless the other governmental agency has allowed the use or activity to continue during a "time to cure" period; or

3.

Failure to comply with a condition of the permit; or

4.

Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or

5.

Any other reason specifically identified in this Code or the permit.

c.

EXPIRATION. A mobile food establishment permit shall expire concurrently with the associated Business Tax Receipt, but may be renewed on an annual basis.

d.

TRANSFERABILITY. Ownership of a mobile food vendor permit shall not be transferred except as part of the sale of a majority of the stock in a corporation holding such permit, as part of the sale of a majority of the membership interests of a limited liability company holding such permit, or as part of the sale of a business or substantially all of its assets.

3.

VEHICLE REQUIREMENTS. A mobile food truck shall not be used for vending a product unless the vehicle has been designed and constructed specifically for such purpose. The mobile food truck shall be licensed in accordance with the rules and regulations of any local, state and federal agency having jurisdiction over the mobile food truck or products sold therein.

4.

INSURANCE REQUIREMENTS. A mobile food truck shall obtain at a minimum, insurance as required by any local, state or federal laws and regulations.

5.

NOISE LIMITATIONS. Amplified music or other sounds from any mobile food truck shall comply with those noise requirements set forth in Section 16-105.

6.

WASTE COLLECTION.

a.

The operator shall provide a waste receptacle for public use. The area shall be kept neat and orderly at all times and garbage or trash shall be removed prior to departure of the mobile food truck each day.

b.

Under no circumstances shall liquid waste or grease be released into the City's sanitary sewer system. All waste shall be disposed of properly through such means as set forth within the Code of Ordinances and/or Land Development Code.

7.

SPECIAL EVENTS. Mobile food trucks may participate in special events, subject to the requirements and conditions of the applicable permit. A Mobile Food Establishment Permit shall not be required when participating in such an event.

(F)

OPERATING REQUIREMENTS.

1.

Mobile food trucks shall have the written permission of the owner of the property on which it is located. Such written permission shall be made available for inspection upon request.

2.

Mobile food trucks shall be located in an area that will not obstruct vehicular or pedestrian circulation, bus stops, the ingress or egress of other businesses or building entrances or emergency exits, and shall be set back at least fifteen (15) feet from fire hydrants.

3.

Mobile food trucks must be self-contained when operating and shall not impede free movement of automobiles, bicycles or pedestrians. The mobile food vendor shall keep all areas within fifteen (15) feet of the mobile food truck clean of grease, trash, paper, cups or cans associated with the vending operation.

4.

No more than one (1) mobile food truck shall operate on any property at any one (1) time, except as may be permitted by a special event or special use permit issued by the City.

5.

Mobile food trucks operating at a site for a duration of more than three (3) hours shall have a written agreement, available upon request, which confirms that employees have access to a flushable restroom within one hundred fifty (150) feet of the vending location during the hours of operation.

6.

Mobile food trucks shall display the appropriate business tax receipt, state license and county health certificate, and, if applicable, the mobile food vendor permit. The VIN number of the mobile food truck shall match the VIN number on the approved mobile food vendor permit application and business tax receipt.

7.

Operation of a Class II Mobile Food Truck (Canteen Truck) is prohibited except to provide catering to employees on-site at locations within the clearly delineated boundaries of the site. Boundaries shall be delineated through the use of fencing or other materials enclosing a construction site, where there is a currently valid construction permit, and only for a limited period of fifteen (15) minutes.

(G)

VARIANCES. Any variance from the provisions of this Section is prohibited.

(Ord. No. 4106, § 15, 3-12-2020; Ord. No. 4255, § 4, 6-27-2024)

(A)

PURPOSE. The intent of accessory dwelling units, where allowable, is to provide an alternative housing type. Accessory dwelling units contribute to a healthy mix of housing types that respond to the changing needs of residents, make more efficient use of the existing residential infrastructure, and contribute to the revitalization of the existing housing stock. The following standards allow the construction of this housing type in a manner that is subordinate to the principal structure and consistent with the surrounding development.

(B)

APPLICABILITY. Accessory dwelling units are permitted on any lot of record developed with a single-family detached dwelling. The provisions of this section do not override any deed restriction or homeowners' association declarations restricting accessory dwelling units, which the city has no authority to enforce.

(C)

GENERAL REQUIREMENTS.

1.

A walkway constructed of concrete, pavers, stepping stones or other similar materials shall connect the parking area for the accessory dwelling unit to the primary entrance of the accessory dwelling unit.

2.

A permit for an accessory dwelling unit shall not be issued without the existence of an existing principal structure or the issuance of a permit for a principal structure.

3.

A certificate of occupancy for an accessory dwelling unit shall not be issued without a certificate of occupancy for the principal structure.

4.

When an accessory dwelling unit is located between the principal structure and the property line abutting the street right-of-way, whether attached or detached from the principal structure, it shall be considered the building in determining the yard setback.

5.

Prior to issuance of a Certificate of Occupancy for an accessory dwelling unit, the owner(s) of the lot of record upon which an accessory dwelling unit is located shall record with the Pinellas County Clerk of Courts a deed restriction approved by the City, prohibiting a division of the lot of record or the sale of the accessory dwelling unit separately from the principal structure.

(D)

NUMBER PERMITTED. No more than one (1) accessory dwelling unit shall be permitted per lot of record.

(E)

MINIMUM SETBACKS.

1.

Front Yard Setback: Shall be the front yard setback of the Zoning District for the lot of record.

2.

Secondary Front Yard Setback: Shall be the secondary front yard setback of the Zoning District for the lot of record.

3.

Side Yard Setback: Shall be the side yard setback of the Zoning District for the lot of record.

4.

Rear Yard Setback: Ten (10) feet if detached from the principal structure. If the accessory dwelling unit is attached to the principal structure, then the rear yard setback shall be the rear yard setback of the Zoning District for the lot of record.

(F)

MAXIMUM SQUARE FOOTAGE. The air-conditioned area of an accessory dwelling unit shall be no more than six-hundred (600) square feet.

(G)

HEIGHT.

1.

Detached: Twenty-five (25) feet.

2.

Attached: Shall be the maximum height of the Zoning District for the lot of record.

(H)

PARKING REQUIRED.

1.

One (1) off-street parking space shall be required per accessory dwelling unit. This requirement shall be in addition to the off-street parking spaces required for the principal use.

2.

All required parking on the site shall comply with the requirements of Section 18-1532.9(A)(1).

3.

Under no circumstance shall an accessory dwelling unit reduce the number of off-street parking spaces for the principal use below the number required by this Article.

(I)

BUILDING SEPARATION. Detached accessory dwelling units shall be separated by at least ten (10) feet from all structures on the lot of record. An accessory dwelling unit separated by less than ten (10) feet from the principal structure shall be considered attached and subject to the applicable requirements for a principal structure, including all requirements of this Article and the Florida Building Code.

(Ord. No. 4198, § 4, 6-22-2023)

(A)

PURPOSE. The purpose of this subsection is to allow the keeping of chickens within certain residential zoning districts while limiting the intensity and potential impact on neighboring properties.

(B)

APPLICABILITY. The provisions of this subsection shall apply to the keeping of chickens as an accessory use to a detached single-family dwelling on properties located in the F, RE, RR, R-1, R-2, R-3, R-5, and B-1 Zoning Districts.

(C)

STANDARDS.

1.

General conditions for the keeping of chickens in the permitted zoning districts.

a.

Up to ten (10) female chickens (i.e. hens) may be kept on any property with an occupied detached dwelling located in a permitted zoning district. Chickens may not be kept on properties occupied by attached dwellings or within mobile home parks.

b.

A chicken coop is required for the keeping of chickens pursuant to this subsection.

c.

Ducks, geese, turkeys, peafowl, and adult male chickens (roosters) are not allowed under the provisions of this subsection of the Code.

d.

Chickens shall not be slaughtered on premises.

2.

Requirements for chicken coops.

a.

The chicken coop shall be covered and ventilated. The chicken coop (and chicken run, if applicable) must both be completely secured from predators, including all openings, ventilation holes, doors, and gates.

b.

Chicken coops (and chicken runs, if applicable) must be located in the rear yard of a property behind the primary dwelling, unless the property is a corner lot. For a corner lot, any chicken coop or chicken run must be located in the side yard behind the primary dwelling.

c.

Chicken coops (and chicken runs, if applicable) shall maintain a setback of eighteen (18) inches from all abutting property lines.

d.

Chicken coops (and chicken runs, if applicable) must be screened from adjacent properties and public rights-of-way using a six (6) foot high opaque fence.

e.

The chicken coop shall provide a minimum area of three (3) square feet per chicken and be of sufficient size to permit free movement of the chickens. The area of the required chicken coop (and chicken run, if applicable) is included in the maximum lot coverage requirement.

f.

No chicken coop or chicken run may be taller than ten (10) feet measured from the natural grade, and both structures must be accessible for cleaning and maintenance.

3.

Health, sanitation, and nuisance as applied to the keeping of chickens.

a.

Chickens shall be allowed outside the coops or runs periodically between sunrise and sunset only, so long as they are properly confined on the property with an impenetrable fence.

b.

All feed must be stored in a rodent and predator-proof container.

c.

Chicken coops (and chicken runs, if applicable) shall be maintained in clean and sanitary conditions at all times. All manure not used for composting or fertilizer shall be promptly removed. Chickens shall not be permitted to create a nuisance such as odor, noise, or pests, or contribute to any other nuisance condition.

4.

Enforcement.

a.

In a public health emergency declared by the Director of the Pinellas County Health Department, including but not limited to an outbreak of Avian Flu or West Nile virus, the County or City may require immediate corrective action in accordance with applicable public health regulations and procedures.

b.

No person convicted as a repeat violator of this section may continue to keep chickens on their premises.

(Ord. No. 4246, § 1, 4-25-2024)

A.

PURPOSE. The purpose of this section is to achieve effective erosion and sediment control within the city; minimize the impact of land alteration, development, and construction activities on stormwater and surface water systems; maintain the hydrologic balance of watersheds and watercourses; protect the public health, safety and welfare; and conserve wildlife and aquatic habitats.

B.

MINIMUM CRITERIA AND DESIGN GUIDELINES. The following erosion control standards and procedures shall apply to all development.

1.

PLAN REVIEW. All erosion control methods to be employed during construction shall be shown on the final construction plans submitted for approval to the Community Development Department. If any land clearing or grubbing is proposed, a permit shall be required pursuant to Section 18-404.

2.

ENVIRONMENTAL REQUIREMENT. Prior to beginning any work hereunder, Permittee shall, through the State of Florida's Department of Environmental Protection Online Contamination Locator Map and the Pinellas Park GIS Map, first evaluate the property herein as to any environmental risks. If subsequent to the start of any work herein Permittee encounters any environmental hazard or abnormal conditions, Permittee may only resume work upon written notification by the City.

3.

EROSION AND SEDIMENT CONTROL PLAN REQUIRED. All construction sites shall have an Erosion and Sediment Control Plan on site during construction. The Erosion and Sediment Control Plan shall detail the site-specific erosion and sedimentation controls, inspection frequency, and repair requirements.

4.

CONSTRUCTION GENERAL PERMIT REQUIRED. Pursuant to 403.0885, F.S., any construction that disturbs more than one (1) acre of land or discharges stormwater to surface waters of the State or to surface waters of the State through a municipal separate storm sewer system (MS4) shall obtain a Construction General permit through Florida's Department of Environmental Protection.

5.

STABILIZATION OF DENUDED AREAS. No disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod or other approved material to the extent necessary to cover otherwise denuded areas unless the Community Development Administrator or designee determines that the circumstances do not require such covering. Within thirty (30) days after the final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. Sod shall be maintained and watered for a minimum of two (2) weeks or until the roots are established, whichever is longer.

6.

PROTECTION AND STABILIZATION OF SOIL STOCKPILES. Soil stockpiles shall be protected at all times by onsite drainage controls which prevent erosion of the stockpiled material. Control of dust from such stockpiles may be required, depending upon their location and the expected length of time the stockpiles will be present. Stockpiling of material shall not be allowed in the roadway. All dirt and debris shall be removed from the job site upon completion.

7.

PROTECTION OF EXISTING STORM SEWER SYSTEMS. During construction, all storm sewer inlets receiving drainage from the project shall be protected by sediment traps, such as but not necessarily limited to synthetic hay bales, sod or stone, which shall be maintained and modified as required by construction progress and which shall be approved by the Community Development Administrator or designee before installation. In no case shall sediment or debris be allowed to enter a public right-of-way or adjacent properties in such a manner as to create a traffic hazard, a public nuisance or a threat to existing drainage ways. Should the erosion and sedimentation controls shown on the plan be insufficient, it is the responsibility of the contractor to provide controls that perform adequately.

8.

SEDIMENT TRAPPING MEASURES. Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative buffers and other measures intended to trap sediment or prevent the transport of sediment onto adjacent properties or into storm sewer systems or existing water bodies shall be installed, constructed or, in the case of vegetative buffers, protected from disturbance, as the first step in the land alteration process. Such systems shall be fully operative and inspected by the Community Development Administrator or designee before any other disturbance of the site begins. Earthen structures, including but not limited to berms, earth filters, dams or dikes, shall be stabilized and protected from drainage damage or erosion within one (1) week of installation.

9.

SEDIMENTATION BASINS. Areas of three (3) acres or more shall be required to have temporary sedimentation basins as a positive remedy against downstream siltation, which shall be shown and detailed on construction plans. During development, permanent detention areas may be used in place of sedimentation basins, provided they are maintained to the satisfaction of the Community Development Administrator or designee. The contractor shall prohibit the discharge of silt through the outfall structure during construction of any detention area and shall clean out the detention area before installing any permanent subdrain pipe. In addition, permanent detention areas shall be totally cleaned out and operating properly at the time of final inspection and at the end of any applicable warranty period. When temporary sedimentation basins are used, they shall be capable at all times of containing at least one (1) cubic foot of sediment for each one hundred (100) square feet of area tributary to the basin. Such capacity shall be maintained throughout construction by regular removal of sediment from the basin.

10.

WORKING IN OR CROSSING WATERWAYS OR WATER BODIES. Land alteration and construction shall be minimized in all waterways and in a twenty-five (25) foot wide strip adjacent to the water, measured from the top of the bank of the waterway. Construction equipment and motor vehicles shall be kept out of waterways and the twenty-five (25) foot buffer area whenever possible. Barriers shall be used to prevent access by construction equipment and motor vehicles. Where in-channel work cannot be avoided, precautions shall be taken to stabilize the work area during land alteration, development and construction to minimize erosion. If the channel or buffer area is disturbed during land alteration, it shall be stabilized within three (3) calendar days after the in-channel work is completed. Silt curtains or other filter/siltation reduction devices shall be installed on the downstream side of the in-channel activity to alleviate increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided and shall be removed when construction is completed. Upon completion of construction, the area of the crossing shall be restored to a condition reasonably equal to that which existed prior to the construction activity, or to a condition consistent with what is detailed in the development/building approval.

11.

SWALES, DITCHES, AND CHANNELS. All disturbed or constructed swales, ditches and channels leading from the site shall be sodded within three (3) days of excavation. All interior swales and detention areas shall be sodded prior to issuance of a Certificate of Occupancy.

12.

TRENCH EXCAVATION. The construction of underground facilities shall be accomplished in an expeditious manner, with backfill and restoration lagging no more than one hundred (100) feet behind excavation and installation. Where appropriate, excavated materials shall be cast onto the uphill side of any trench and shall not be cast into any channel or channel bank.

13.

MAINTENANCE. All erosion control devices shall be checked regularly and after each rainfall, and shall be cleaned or repaired as required.

14.

STORM SEWER SYSTEM. Any storm sewer system installed or impacted during construction should be cleaned by a certified vendor before issuance of a Certificate of Occupancy or project completion.

(Ord. No. 4234, § 2, 1-11-2024; Ord. No. 4258, § 10, 6-13-2024)

(A)

PURPOSE. The intent of the Health Clubs use, where allowable, is to provide a membership-based facility within the community that primarily focuses on individual fitness or training. It typically provides exercise classes, fitness equipment, a weight room, and/or spa. These facilities may include ancillary facilities, such as a swimming pool, whirlpool, sauna, limited retail and snack bar, and basketball, tennis, pickleball, racquetball, or handball courts.

(B)

APPLICABILITY. Health Clubs are permitted on any lot of record within the "B-1" General Commercial, "CH" Heavy Commercial, "M-1" Light Industrial, "IH" Heavy Industrial, "MXD" Mixed Use District, and "TC" Town Center Zoning Districts.

(C)

ESTABLISHMENT. Health Clubs Uses shall be allowed as per the regulations of the applicable zoning district, as well as the other applicable regulations of this article.

(D)

GENERAL REQUIREMENTS.

1.

Outdoor fitness activities are prohibited.

2.

No overhead, sliding, or other type of similar doors shall face abutting residential zoning districts.

(E)

BUILDING SEPARATION. Must meet Florida Building Code separation requirements.

(F)

WAIVERS.

1.

In any case where the strict application of the requirements of this Section presents an undue hardship, the City Council may waive one (1) or more of the requirements.

2.

In determining whether to waive any requirements, the deciding authority shall consider the following criteria: character of the immediately surrounding neighborhood; size, configuration, and natural features of the land and development; and traffic impacts.

(Ord. No. 4280, § 9, 1-9-2025)